| Case ID |
42840afb-6200-4839-a340-0d5898db7034 |
| Body |
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| Case Number |
Suit No.694 of 2001 |
| Decision Date |
Jan 11, 2008 |
| Hearing Date |
Jan 11, 2008 |
| Decision |
The case concerned an office reference regarding the preparation of a decree based on the maximum liability of the National Insurance Corporation as disclosed in prior judgments. The court found that the amounts related to the liabilities had already been deposited, and thus, it ordered the decree to be prepared accordingly. The decision also emphasized the importance of previous judgments and the amounts already paid under the insurance policy, establishing a clear liability framework for the parties involved. |
| Summary |
In the case of Suit No.694 of 2001, adjudicated by the Sindh High Court, the primary issue revolved around the preparation of a decree related to the maximum liability of the National Insurance Corporation under an insurance policy. The court evaluated previous judgments and the amounts already deposited by the defendants, leading to a decision that recognized the maximum liability to be the amounts already paid. This case illustrates the application of the Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), particularly Sections 9 and 15, and highlights the role of judicial precedents in shaping liability in insurance cases. The decision reinforces the obligation of insurance companies to fulfill their liabilities as per the terms of their policies while ensuring that the interests of the plaintiffs are adequately protected. This case serves as a pivotal reference for similar future disputes within the framework of financial recovery and insurance claims, making it significant for legal practitioners and entities involved in insurance and financial recovery processes. |
| Court |
Sindh High Court
|
| Entities Involved |
National Logistic Cell,
Ministry of Defence Government of Pakistan,
National Insurance Corp.
|
| Judges |
Khalid Ali Z. Qazi
|
| Lawyers |
Abdur Rauf,
Nasir Maqsood,
Mukhtair Ahmed Kober
|
| Petitioners |
National Logistic Cell, Ministry of Defence Government of Pakistan
|
| Respondents |
National Insurance Corp.
|
| Citations |
2008 SLD 391,
2008 CLD 569
|
| Other Citations |
AIR 1981 Madras 299,
AIR 1986 Rajasthan 2,
PLD 1993 SC 158,
PLD 1984 Kar. 38,
AIR 1977 SC 1158,
2002 MLD 861,
2001 CLC 1808,
2003 CLC 719
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)
|
| Sections |
15,
9
|