| Case ID |
39585cab-2960-4176-91b4-e5ed27eb191e |
| Body |
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| Case Number |
Civil Revision No. 16 of 2010 |
| Decision Date |
Jan 31, 2011 |
| Hearing Date |
Jan 21, 2011 |
| Decision |
The Sindh High Court dismissed the Civil Revision Application filed by Abdul Qayoom Tagar against the orders of the IIIrd Senior Civil Judge and the IIInd Additional District Judge, Larkana. The court held that the jurisdiction to hear matters related to insurance claims lies exclusively with the Insurance Tribunal as per the Insurance Ordinance, 2000. The court clarified that both lower courts had correctly refrained from exercising jurisdiction not vested in them by law. The High Court ruled that the plaintiff was not competent to invoke the revisional jurisdiction of the High Court, thereby affirming the decisions of the lower courts and dismissing the revision petition. |
| Summary |
In this case, Abdul Qayoom Tagar filed a Civil Revision Application challenging the dismissal of his suit for declaration, settlement of accounts, and damages against the State Life Insurance Corporation of Pakistan. The main contention revolved around the jurisdiction of the courts involved. The Sindh High Court upheld the decisions of the lower courts, which had returned the plaint for want of jurisdiction, stating that only the Insurance Tribunal had the authority to adjudicate such matters. The ruling emphasized the exclusive jurisdiction of the Insurance Tribunal as stipulated in the Insurance Ordinance, 2000, and clarified that the courts below had rightly refused to entertain the suit. The case highlights the importance of understanding jurisdiction in legal proceedings, particularly in insurance claims, and reinforces the procedural integrity mandated by law. This case serves as a significant reference for future litigation involving insurance claims and the jurisdictional boundaries of courts. Keywords relevant to this case include 'Insurance Law', 'Jurisdiction', 'Civil Procedure', and 'Insurance Tribunal'. |
| Court |
Sindh High Court
|
| Entities Involved |
Insurance Tribunal,
District and Sessions Judge, Karachi (Central)
|
| Judges |
SALMAN HAMID,
ABDUL QAYOOM
|
| Lawyers |
Noshad Ali Tagar
|
| Petitioners |
Abdul Qayoom Tagar
|
| Respondents |
STATE LIFE INSURANCE CORPORATION OF PAKISTAN through Chairman and 3 others
|
| Citations |
2011 SLD 349 = 2011 CLD 1157
|
| Other Citations |
Not available
|
| Laws Involved |
Insurance Ordinance, 2000,
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908)
|
| Sections |
121,
122,
42,
115
|