PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

PREMIER INSURANCE LIMITED vs IHSAN YOUSAF TEXTILE PRIVATE LIMITED Ss — 2023 CLD 135 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 CLD 135 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
CLD
Parties
PREMIER INSURANCE LIMITED vs IHSAN YOUSAF TEXTILE PRIVATE LIMITED Ss
Provisions referred to
S. 121; Insurance Ordinance

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

PREMIER INSURANCE LIMITED VS IHSAN YOUSAF TEXTILE PRIVATE LIMITED Ss. 75, 76, 121, 122 & 124---Insurance claim---Insurance Tribunal, constitution of---Word "shall"---Effect---Insurance company was aggrieved of acceptance of insurance claim of respondent company by Insurance Tribunal---Plea raised by Insurance company was that the Tribunal was not properly constituted---Validity---By using word "shall" Legislator made it mandatory and any deviation therefrom would make verdict of such Tribunal illegal and not sustainable in the eye of law--- Tribunal was consisting of only one Judge (Addl. District and Sessions Judge) and no member having experience of life insurance, non-life insurance, actuarial science, finance, economics, accountancy, administration or other discipline was included as provided under S. 121(2) of Insurance Ordinance, 2000---Judgment in question was rendered by Tribunal, not constituted as per mandate of law and the same was not sustainable in the eye of law---Tribunal without bifurcating, assessing and giving details of damages as to machinery, building, articles, etc., caused to respondent company proceeded to pass judgment giving an accumulative policy proceed/claim, which otherwise was to be referred to Arbitrator under the Policies---Condition in the Policies stipulated that matter as to quantum of alleged loss had to be referred to Arbitrator, which factum was ignored by Insurance Tribunal while accepting claim of respondent company---High Court set aside judgment passed by Insurance Tribunal and remanded the matter to lawfully constituted Insurance Tribunal for decision afresh---Appeal was allowed accordingly.

Other judgments reported in 2023 CLD

Back to the case-law library · Search Pakistani case law in Urdu or English