SILVER STAR INSURANCE COMPANY LIMITED, LAHORE vs KAMAL PIPES INDUSTRIES, LAHORE Ss

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SILVER STAR INSURANCE COMPANY LIMITED, LAHORE VS KAMAL PIPES INDUSTRIES, LAHORE Ss. 122 & 124---Qanun-e-Shahadat (10 of 1984), Art. 114---Insurance appeal---Insurance claim, admitted by the Insurance Company---Scope and effect---Insurance Company admitted the claim of policy-holder and made partial payment ; and stated before the Insurance Tribunal that the outstanding amount would be paid on availability of the funds---Insurance petition was disposed of on the statement of the company partly decreeing the claim, however, company later preferred appeal against the judgment passed by the Tribunal---Record revealed that appellant/company freely and explicitly acknowledged the claim of the respondent/policy-holder---Payment of partial claim tantamount to admission of its liability regarding the decretal amount---Admission/statement/undertaking by a party during the judicial proceedings had to be given sanctity while applying the principle of legal estoppel and estoppel by conduct as well as to respect moral and ethical rules---At the subsequent stage a party cannot turn around to wriggle out from the consequence of such admission---If disclaimer therefrom is allowed as a matter of right, then it will definitely result into distrust of the public/litigants over the judicial proceedings---Article 114 of the Qanun-e-Shahadat, 1984, provids that when a person has by his declaration, act or omission intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative is allowed in any suit or proceeding between the parties to deny the truth of that thing---Said provision enacted a rule of evidence whereby a person was not allowed to plead contrary to a fact or a state of thing which he formerly asserted as existing and made the other party believe it as such and then the party acted on such belief---In fact, said principle was founded on equity and justness with straightforward objective to prevent fraud and ensure justice---Appellant in unequivocal terms agreed to pay back the remaining claim of respondent, which resulted into passing impugned judgment therefore, company was not allowed to challenge the same (decision) by filing an appeal---Appeal was dismissed, in circumstances. Ss. 122 & 124---Qanun-e-Shahadat (10 of 1984), Art. 114---Insurance appeal---Claim admitted by the Insurance company---Scope and effect---Insurance Company admitted the claim of policy-holder and made partial payment and stated before the Insurance Tribunal that the outstanding amount would be paid on availability of the funds---Insurance petition was disposed of on the statement of the company partly decreeing the claim, however, company later preferred appeal against the judgment passed by the Tribunal---Contention of the appellant (Insurance Company) was that Insurance Tribunal was, before deciding the main (insurance) petition, obliged to dispose of certain applications especially one seeking impleading a party (a Insurance Company) with whom appellant asserted to have made arrangements for payment to the respondent---Validity---In view of admissions of appellant, applications moved by the appellant had no material bearing on the merits of the case---Even otherwise, the party (another Insurance Company), the appellant wanted to be impleaded, had no privy to the contract-in-question between the parties to the proceedings; and said contention of the appellant had no link with the respondent's claim and could not be the basis for impleading the said party---Miscellaneous application(s) ought not to be decided in all eventualities before the final determination of the controversy---If the matter is otherwise conclusively determined by the Court, the sole factum of indecision of some application(s) will not frustrate the proceedings/verdict of the Court---Appeal was dismissed, in circumstances. "Qui approbat non reprobat"---Said maxim quite literally translates to "the one who approbates, cannot reprobate" or "that which I approve, I cannot disapprove"---Doctrine of approbate and reprobate was established upon Scottish Laws and is now an essential principle of equity---To approve or reject anything is to approbate or reprobate---Person cannot approbate and reprobate something simultaneously, according to law---Doctrine of approbate and reprobate is also commonly known as the "doctrine of election" in English Law---Doctrine of election bases itself upon the maxim "allegans contraria non est audiendus" which means when people make comments that contradict one another, they will not be heard.

SILVER STAR INSURANCE COMPANY LIMITED, LAHORE vs KAMAL PIPES INDUSTRIES, LAHORE Ss — 2023 CLD 1342 LAHORE-HIGH-COURT-LAHORE

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