PAK QATAR FAMILY TAKAFUL LTD. vs Ms — 2026 PLD 88 FEDERAL-CONSTITUTIONAL-COURT

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PAK QATAR FAMILY TAKAFUL LTD. VS Ms. ARISHA KANWAL Ss.75, 79 & 130(1)---Constitution of Pakistan, Art.175F(c)---Takaful claim (Death cover)---Nominee's entitlement---Scope---Repudiation of claim by insurer, ground of---Drug addiction, insurer's pleas of---Legality---Proof---Onus---Brief facts of the matter were that respondent No.1 was the nominee/beneficiary of insurance policy holder who obtained a Takaful Planfrom petitioner company (death cover Rs.38,50,000 against annual contribution of Rs.11,639; contribution period three years; membership term five years); after death of policy holder the nominee/beneficiary lodged the claim which the insurer rejected constraining her to filecomplaintbefore the Federal Insurance Ombudsman, which was allowed, directing payment (with liquidated damages); and the insurer's review and representation to the President's Secretariat were dismissed; thereafter, both sides filed writ petitions; nominee's writ petition for implementation was allowed and insurer's writ petition was dismissed, hence, the present petition for leave to appeal was filed before the Federal Constitutional Court---Held: Burden fell on the insurance company to establish fraudulent non-disclosure/concealment/misrepresentation by the person seeking to be insured through reliable and trustworthy evidence---Cause of death of the deceased was noted as natural causes and made no mention of his death being a result of drug addiction/narcotics---Hence, there was no nexus of his death having any nexus to him allegedly being a drug addict---No independent or contemporaneous documentary evidence was placed on record by the insurer company to substantiate the grounds viz. drug addiction of the deceased---Leave was refused and present petition was dismissed, in circumstances.

PAK QATAR FAMILY TAKAFUL LTD. vs Ms — 2026 PLD 88 FEDERAL-CONSTITUTIONAL-COURT

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