Insurance Tribunal

Marine Insurance Policy also falls within the scope of insurance policy and Insurance Tribunal has jurisdiction in respect of Marine Insurance Policy.

Tribunal has powers to enforce attendance of any person, examine him on oath, receive evidence on affidavits and issue permission for examination of witnesses or documents

All procedural as well as substantive provisions contained in C.P.C. and Qanun-e-Shahadat, 1984, are applicable for trials before Insurance Tribunal.

Plea raised by petitioner was that the Tribunal lacked jurisdiction and earlier another Tribunal had also dismissed the claim therefore, principle of res-judicata was applicable

Validity

Objection of res-judicata could be adjudicated only once issue of jurisdiction was settled

If Tribunal otherwise lacked jurisdiction it could not proceed to decide question of effect of principle of res-judicata

High Court declined to interfere in the matter

Constitutional petition was dismissed in circumstances.

Plaintiffs filed suit for declaration, recovery of insurance claim, and damages against Insurance Company on the ground that they were entitled to be paid proceeds of a life insurance claim after death of the policy-holder

Contention of defendant Insurance Company was that said suit was barred under S. 122 of Insurance Ordinance, 2000

Contention of plaintiffs was that certain letters vide which their claim was rejected by Insurance Company were issued without hearing plaintiffs and in violation of principles of natural justice, therefore jurisdiction of civil court was valid

Validity

Valid constitution and competence of Insurance Tribunal was not in dispute, and plaintiff merely alleged that ouster of jurisdiction envisaged in S. 122(2) of Insurance Ordinance, 2000 would not serve a bar

Letters sent to plaintiffs by Insurance Company were not orders of any authority but merely responses of Insurance Company

Insurance Tribunal was not handicapped in any way from adjudicating upon the matter and question as to whether reasons stated in said letters for rejecting claim were based on any mala fide was to be determined by Insurance Tribunal

Application for rejection of plaint was allowed, in circumstances.

Provisions of S. 122(1)(a)(d) of Insurance Ordinance, 2000, are meant to facilitate Insurance Tribunal to get its decision/mandate implemented by adopting coercive mechanism provided in Civil Procedure Code, 1908.

Plea raised by insurance company was that without drawing a formal decree sheet, Insurance Tribunal could not execute its decision

Validity

Insurance Tribunal was vested with powers of "Civil Court" under S. 122 of Insurance Ordinance, 2000 but the decision made by the Tribunal was capable of being executed without there being formal decree drawn by Insurance Tribunal

Original decision dated 21-3-2013 passed by Insurance Tribunal was not challenged in appeal under S. 122(2) of Insurance Ordinance, 2000, and the same had attained finality

Objection petition filed by insurance company to the effect that no execution proceedings could be carried out without there being a formal decree had also been dismissed on 19-3-2014, and the same had also not been challenged

After order dated 19-3-2014, insurance company had been appearing before Insurance Tribunal and seeking time to adjust the claim but no positive step was taken to satisfy claim of respondent

Insurance Tribunal was left with no other option but to resort to coercive mechanism provided in Civil Procedure Code, 1908, in exercise of powers conferred upon it under S. 122(1)(a) and (d) of Insurance Ordinance, 2000

Filing of appeal by Insurance company was again an attempt to wriggle out of its liability in pursuance to decision made by Insurance Tribunal on 21-3-2013, which had attained finality as the same was not challenged in terms of S. 124(2) of Insurance Ordinance, 2000

Appeal was dismissed in circumstances.

Civil court would be the court of competent jurisdiction to entertain suit of non-payment of premium amount against policy-holder.