STATE LIFE INSURANCE CORPORATION OF PAKISTAN vs KAUSAR PARVEEN Ss — 2022 CLD 1340 LAHORE-HIGH-COURT-LAHORE

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STATE LIFE INSURANCE CORPORATION OF PAKISTAN VS KAUSAR PARVEEN Ss. 121, 125 & 127(2)---Maladministration---Group Insurance, payment of---Insurance Ombudsman---Jurisdiction---Respondent (widow) claimed an amount of Rs. 240,000/- admissible and payable to her on account of Group insurance of her late husband---Petitioner (Insurance Corporation) admittedly had paid an amount of Rs.50,000/- as Group Insurance and declined the remaining claim of respondent, which constrained respondent to file a complaint before the Wafaqi Mohtasib which was decided against respondent---Respondent agitated the matter before Provincial Mohtasib which was also decided against the respondent---Respondent, filed a representation before the Governor of Punjab which was accepted---Validity---Insurance was a regulated business and governed under the Insurance Ordinance, 2000---Aggrieved person was provided remedies to invoke the jurisdiction of Insurance Tribunal constituted under S. 121 of the Insurance Ordinance, 2000 (the Ordinance) or the Insurance Ombudsman appointed under S. 125 of the Ordinance---Section 127 of (the Ordinance) provided that the Insurance Ombudsman may on a complaint by an aggrieved person undertake an investigation into any allegation of mal administration on the part of any insurance company if the matter did not fall within the jurisdiction of the Wafaqi Mohtasib or was not sub-judice before any Court of competent jurisdiction---Issue raised in the present petition was covered under the definition of "Maladministration" stipulated in Ss. 127(2) & 128 of (the Ordinance) empowered a Court to refer any matter to the Insurance Ombudsman for inquiring therein and passing of an appropriate order---Petitioner Company did not raise the issue of jurisdiction before Wafaqi Mohtasib, Provincial Mohtasib or Governor of Punjab although the forums did not have the jurisdiction to decide the matter---Petition was disposed of by the High Court with direction that the same was converted into a representation in the form of complaint along with its annexure and transmitted to the Insurance Tribunal to decide the same in accordance with law. Jurisdiction, not conferred by law, does not vest jurisdiction in any forum---Issue of jurisdiction ought to be raised at the first instance.

STATE LIFE INSURANCE CORPORATION OF PAKISTAN vs KAUSAR PARVEEN Ss — 2022 CLD 1340 LAHORE-HIGH-COURT-LAHORE

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