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STATE LIFE INSURANCE CORPORATION OF PAKISTAN vs Mst — 2024 CLD 600 SUPREME-COURT

Case information

Citation
2024 CLD 600 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
CLD
Parties
STATE LIFE INSURANCE CORPORATION OF PAKISTAN vs Mst
Subject matter
Civil
Provisions referred to
S. 118---L; 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

STATE LIFE INSURANCE CORPORATION OF PAKISTAN VS Mst. ZUBEDA BIBI S. 118---Life insurance claim---Death of insured in road accident---Legal heirs opting not to conduct post-mortem examination of deceased (insured)---Proof to establish cause of death---Scope---Payment of liquidated damages on late settlement of claim---Appellant (insurer) never challenged the validity of death certificate of deceased (insured)---Entry in the death register of concerned union council and the report of the incident lodged at police station were official documents and presumption of truth was attached with them and the same should be taken into consideration---In circumstances where a person is met with an accident/unnatural death, his legal heirs ordinarily avoid conducting post-mortem examination, however in the present case, if the appellant/insurer deemed it to be necessary, it should have done the same by itself in order to protect its rights---Record further reflected that the insurance claim was lodged by the respondent with the appellant by complying with all procedural requirements, however, the appellant had badly failed to make due payment (within the time) as prescribed under the law---High Court had rightly decreed the suit for recovery of claim along with liquidated damages as prescribed under section 118 of the Insurance Ordinance, 2000---Appeal filed by insurer was dismissed.

Other judgments reported in 2024 CLD

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