J. K. TWILLS AND DRILLS (PVT.) LTD. vs PREMIER INSURANCE COMPANY OF PAKISTAN LIMITED Ss

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J. K. TWILLS AND DRILLS (PVT.) LTD. VS PREMIER INSURANCE COMPANY OF PAKISTAN LIMITED Ss. 121 & 124---Insurance claim---Proof---Surveyor's report---Appellants/insurers sought recovery of damages claimed by them for theft of equipment and parts of machinery imported by them---Insurance Tribunal dismissed the claim against respondent/insurance company---Appellants/insurers contended that Surveyors' Reports were not credit-worthy---Validity---Appellants/insurers were beneficiaries of insurance claim and only produced their directors as witnesses and no independent witness was produced throughout to establish factum of burglary and consequent loss, which constituted a condition precedent for attracting indemnification clause contained in Insurance Policies---Evidence of witnesses of appellants/insurers denuded testimony of any credence---Appellants/insurers failed to discharge onus hence relevant issue was correctly decided against them---Reports of Surveyors were neither challenged in application nor before Commission under Securities and Exchange Commission (Insurance) Rules, 2002, therefore, it was too late in the day to throw a challenge in such regard---Where evidence of plaintiff was self-contradictory and not confidence inspiring then he must fail and where the case was doubtful, the decision must be given in favour of adversary rather than the claimant---Plaintiff must succeed on the strength of his own rather than weaknesses of other side---High Court declined to interfere in judgment and decree passed by Insurance Tribunal as the same was neither jurisdictionally flawed nor suffered from any misreading or non-reading of evidence--- Appeal was dismissed accordingly. Ss. 122 & 123---Insurance Tribunal---Powers and procedure---Scope---For all intents and purposes, the Tribunal has powers of a Civil Court under C.P.C.---Trial before Insurance Tribunal is conducted in the same manner in which a suit before Civil Court proceeds---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. O. VI, R. 1---Pleadings---Scope---Pleadings cannot be equated with evidence---No party to lis can be allowed to lead evidence beyond pleadings nor can it be read in evidence---Parties are required to lead evidence in consonance with their pleadings and no evidence can be led or looked into in support of a plea, which has not been taken in pleadings---Party is required to plead facts necessary to seek relief claimed and to prove it through evidence of unimpeachable character. Marked document---Validity---Document placed as a marked document is worthless and inadmissible in evidence---Such document cannot be even read in evidence. Construction of instrument---Principle---Question of construction of an instrument or document is a question of law---It is duty of Court to interpret a document in its proper legal perspective---While interpreting a document intention of parties must essentially be gathered from language adopted in document and viewed in law through surrounding circumstances---For proper comprehension and insight into an instrument same has to be read as a whole---Where language of document is simple, clearly understandable, and capable of no ambiguity, then intention of parties to such instrument has to be gathered from its contents alone without adverting to any other extraneous consideration. Deed of contract---Court, duty of---Principle---Court should lean towards any interpretation which effectuates an instrument rather than one which invalidates an instrument---Deed of contract has to be construed strictly and literally without deviating or anything which was not supported by the intention of parties and language of document---Nothing can be implied in a contract that was inconsistent with it.

J. K. TWILLS AND DRILLS (PVT.) LTD. vs PREMIER INSURANCE COMPANY OF PAKISTAN LIMITED Ss — 2023 CLD 1098 LAHORE-HIGH-COURT-LAHORE

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