SUNNY PETROLEUM SERVICE through Proprietor (since deceased) through Legal Representatives vs NATIONAL BANK OF

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SUNNY PETROLEUM SERVICE through Proprietor (since deceased) through Legal Representatives VS NATIONAL BANK OF PAKISTAN S. 9---Insurance policy availed by customer through Bank---Loss of stock due to fire set by mob---Bank / plaintiff, responsibility of---Scope---Plea raised by appellant (customer / defendant) was that insurance policy also covered loss in the event of loss/damage by fire/strike by burglary ; thus, they claimed, while relying on an FIR (FIR-in-question) that on 27-12-2007 due to death of Shaheed Mohtarma Benazir Bhutto, a mob attacked his shop and godown and burnt, damaged and looted the insured property---Validity---There seemed no dispute between the parties on the insurance of the stock with Excel Insurance Company Limited in the sum of Rs.36,00,000/- under fire policy No.1923 dated 01-02-2007---However, upon perusal of the FIR-in-question it appeared that the same was lodged by cashier of the appellant---Surprisingly, the said complainant/ cashier was not even produced in evidence as a witness, especially when he was not a party to the suit and the attorney of the defendant/appellant was not his attorney---Additionally, during his cross- examination, the sole witness/ attorney for the appellants stated that an official of the concerned Deputy Commissioner (DC) had given a report in respect of the damage in the said incident, however, no such report was produced in evidence---It was also admitted during his cross-examination that no documents to establish the alleged loss of Rs.4 million or as allegedly assessed by the DC were produced in evidence---The same could not be established in evidence since no document or witness was produced by the appellant to establish its claim, except a mere oral assertion by the appellant---Statements of facts contained in a First Information Report under S. 154, Cr.P.C., were not gospel truth but the same are mere statement of facts; hence, for placing reliance on a First Information Report in civil proceedings, the statements of facts contained therein are required to be established, corroborated and proved through positive evidence by the party relying on the same---On the contrary, neither the complainant appeared as a witness, nor any other employee of the appellant (Petrol Pump) on the said incident was produced, nor any proof of loss of Rs.4 million was established, nor the purported report by the DC was produced---Appeal, filed by customer / defendants, being meritless, was dismissed, in circumstances.

SUNNY PETROLEUM SERVICE through Proprietor (since deceased) through Legal Representatives vs NATIONAL BANK OF PAKISTAN S — 2025 CLD 1539 KARACHI-HIGH-COURT-SINDH

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