EAST WEST INSURANCE CO. LTD. vs AURANGZEB S — 2025 CLD 527 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 CLD 527 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: CLD
Parties: EAST WEST INSURANCE CO. LTD. vs AURANGZEB S
Subject matter: Criminal
Provisions referred to: S. 121---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

EAST WEST INSURANCE CO. LTD. VS AURANGZEB S.121---Insurance claim---Proof---Non-filing of FIR---Appellant / insurance company was aggrieved of judgment and decree passed by Insurance Tribunal directing to pay to respondent depreciated value of his vehicle which was allegedly stolen---Validity---Appellant / insurance company rightly declined claim of respondent---Insurance Tribunal wrongly allowed claim of respondent to the extent of depreciated value of truck on the basis of Naqal Mad entered at Police Station Dargai, Malakand---Neither any FIR was registered in the light of Daily Diary in question nor nominated accused in Daily Diary had been detained/arrested---Truck in question was not recovered and there had been no inquiry or investigation report on the part of police---Respondent was not entitled to submit claim before Insurance Tribunal---Whole insurance amount or depreciated value of the vehicle could not be paid to respondent---High Court set aside judgment and decree passed by Insurance Tribunal and suit of respondent was dismissed resultantly---Appeal was allowed accordingly.

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