MUHAMMAD TUFAIL THAKUR vs ASIA INSURANCE COMPANY LIMITED S — 2025 CLD 1804 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLD 1804 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLD
Parties: MUHAMMAD TUFAIL THAKUR vs ASIA INSURANCE COMPANY LIMITED S
Subject matter: Civil
Provisions referred to: S. 124; Civil Procedure Code (V of 1908); 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

MUHAMMAD TUFAIL THAKUR VS ASIA INSURANCE COMPANY LIMITED S. 124(2)---Civil Procedure Code (V of 1908), O.XLVI, R. 1---Reference referred to the High Court---Maintainability---Matter to be adjudicated by Trial Court being subject to appeal---Effect---Insurance Tribunal sent Reference under O. XLVI, R. 1, C.P.C., seeking multiple guidelines qua certain points---Held: Reference is made to High Court under O. XLVI, R. 1, C.P.C., which provision shows that where before or on hearing of a suit or appeal certain material question of law, usage having force of law, arises or points embosomed significant doubts in which "decree is not subject to appeal", the Court trying the lis drawing up a statement of facts along with its own opinion may send a Reference to High Court and absence of said traits which are condition precedent shatter the very maintainability of the Reference---In the present case, the claim has been filed under Insurance Ordinance, 2000, before the Insurance Tribunal and against any decision / decree likely to be rendered by the Tribunal a manifest remedy of appeal is provided under S. 124(2) of the Insurance Ordinance, 2000, as such instant Reference wears no sanction of law---Thus, from the conjoint reading of O. XLVI, R.1, C.P.C. and S.124(2) of the Insurance Ordinance, 2000, it is clear that the very Reference is not maintainable---As instant Reference under O. XLVI, R. 1, C.P.C., is held as not maintainable, as such there is no need to answer the points raised therein---Instant Reference was returned to the Insurance Tribunal for further proceedings---Reference was disposed of accordingly.

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