Mst. KHADIJA AKHTAR vs DAWOOD FAMILY TAKAFUL S — 2023 CLD 456 INSURANCE-TRIBUNAL-LAHORE

Case information

Citation: 2023 CLD 456 INSURANCE-TRIBUNAL-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLD
Parties: Mst. KHADIJA AKHTAR vs DAWOOD FAMILY TAKAFUL S
Subject matter: Criminal
Provisions referred to: S. 122---I

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

Mst. KHADIJA AKHTAR VS DAWOOD FAMILY TAKAFUL S. 122---Insurance claim---Scope---Insurance Company approached a medical college to provide coverage for the annual fees of students---Along with the Group Family Takaful coverage plan, it was a condition precedent that students also purchase the Salamati Plan, whereby the company provided life coverage to the students---Petitioner, through her father, deposited the first premium for both policies---Later, her father died and the petitioner approached the Insurance Tribunal after her insurance claim was not taken note of---Argument of the insurance company was that the father of the petitioner had failed to pay the second premium within the stipulated time, causing the policy to lapse---Validity---Process of the two policies was completed when the consideration of the contract was paid and accepted by the insurance company---Both policies were silent about the date of premium payment, whereas the Salamati Plan document bore the date of premium payment as the 25th of February each year---First premium was paid against a receipt on 18-2-2020, indicating that the period was to be started from that date until 25-2-2021---Contract had to be construed and interpreted objectively---Father of the petitioner had died on 21-3-2021 within the grace period of 25-2-2021 to 25-3-2021, making the insurance company responsible, according to the terms of the policy documents, for paying the annual fee of the petitioner's MBBS (four-year) program---Petition was allowed.

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