POSTAL LIFE INSURANCE (PLI) vs MUHAMMAD ISHAQUE BUTT S — 2022 CLD 309 LAHORE-HIGH-COURT-LAHORE

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POSTAL LIFE INSURANCE (PLI) VS MUHAMMAD ISHAQUE BUTT S. 72---Life insurance---Payment of claims---Nomination by policy holder---Nature of nomination in insurance policies---Scope---Nomination by itself only conferred right to collect the money for an insurance claim but did not operate as either a will or gift and could not deprive legal heirs of nominator, who were otherwise entitled to inherit assets of a deceased insured person---Nominee was entitled to collect amount of claim as trustee for benefit for all legal heirs and would be responsible for disbursement of the awarded claim along with liquidated damages. Ss. 118 & 124--- Life insurance--- Repudiation of claims---Concealment of facts by insured---Scope---Appellant Insurance Corporation impugned order of Insurance Tribunal whereby claim of claimant was accepted by Insurance Tribunal and he was held entitled to benefit of the life insurance policy of the deceased---Contention of appellant Insurance Corporation, inter alia, was that the insured / deceased had committed concealment of facts and therefore claim could not be paid, which fact was ignored in impugned order---Validity---Repudiation of claim of claimant by appellant Insurance Corporation required a much more rigorous standard of proof to dislodge such claim, than was applied by insurance corporation in the present case---No default in payment of premiums by deceased and inquiry conducted by appellant Insurance Corporation to repudiate claim was based on mere assumptions without any credible evidence---Insurance Tribunal had therefore rightly appraised the evidence and documents, and concluded that basis on which falsification of information was being claimed was not sufficient to negate claim---No illegality therefore existed in impugned order---Appeal was dismissed, in circumstances.

POSTAL LIFE INSURANCE (PLI) vs MUHAMMAD ISHAQUE BUTT S — 2022 CLD 309 LAHORE-HIGH-COURT-LAHORE

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