Insurance dispute

2024 CLD 1563 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 122 & 127Constitution of Pakistan, Art. 199Constitutional petitionInsurance disputeFire policyMal-administrationOmbudsman and Insurance Tribunal, jurisdiction ofScope

Petitioner / Insurance Company was aggrieved of directions issued by Ombudsman to pay compensation to respondent / policy holder

Validity

Ombudsman travelled away from his contours defined under law

It was a case to be tried before Insurance Tribunal and not by the Ombudsman

Respondent / policy holder opted for wrong forum for a claim under fire policy

If such adjudication of policy claim was entrusted to Ombudsman, adjudication via Insurance Tribunal would become redundant

Adjudication of fire policy was not required under S. 127 of Insurance Ordinance, 2000

High Court did not find any mal-administration whereas merit of claim was not adjudicated before proper forum

High Court set aside concurrent findings by two fora below as lack of jurisdiction exercised had reduced the findings to a cipher

Constitutional petition was allowed in circumstances.

2014 CLD 1543 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 114ReviewInsurance dispute

Applicant Insurance Corporation sought review of order passed in the constitutional petition filed by the respondent, whereby direction was given to the applicant Insurance Corporation to look into the grievance/insurance claim of the respondent

Contention of the applicant was inter alias, that no claim had been lodged by the respondent, therefore, the applicant was not in a position to adjudge the status of the insurance policies in question

Validity

Perusal of record revealed that respondent had approached the Insurance Tribunal for redressal of her grievance, but her petition was returned and she was directed to present it before the appropriate forum

Respondent instead of approaching concerned court, filed constitutional petition instead, wherein she changed her address, which fact alone was sufficient to establish that the constitutional petition was filed by the respondent by concealing facts

Respondent, it seemed by way of obtaining a decision on her insurance claim wanted to create a new cause of action, just to frustrate the applicant Insurance Corporation

Order sought to be reviewed was passed without hearing the applicant, and the same deserved to be recalled

High Court recalled impugned order and allowed review application, in circumstances.