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STATE LIFE INSURANCE CORPORATION OF PAKISTAN vs Mst — 2022 CLD 190 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLD 190 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLD
Parties
STATE LIFE INSURANCE CORPORATION OF PAKISTAN vs Mst
Provisions referred to
S. 118---

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

STATE LIFE INSURANCE CORPORATION OF PAKISTAN VS Mst. SAWARNA BIBI S. 118---application on behalf of deceased husband for payment of group claim amounting Rs. 12,50,000/- along with liquated damages since the date of her husband's death till realisation---During pendency of case before Insurance Tribunal appellant/company made payment of the claimed amount---Tribunal found that appellant company was liable to payment of liquidated damages on the said principal amount and directed payment thereof---Held, that no specific analysis had been made of evidence in respect of issue framed regarding liquidated damages, on the basis of which the claim of damages was being allowed---Very act of payment of principal amount by the appellant/company was taken as withdrawal of the stance of company in the written reply and automatically entitled the respondent to liquidated damages on the principal amount---No specific issue was framed on the question of admissibility of liquidated damages---adverse inference drawn by the Tribunal a priori on the predicated of mere payment of the insurance amount during pendency of case did not shine as an instance of safe administration of justice---appeal was allowed accordingly.

Other judgments reported in 2022 CLD

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