| Case ID |
528a9a7e-e9f8-46f4-8e5e-9760fe6ce6ce |
| Body |
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| Case Number |
C.P. No. D-1688 of 2017 |
| Decision Date |
Jun 01, 2023 |
| Hearing Date |
Jun 01, 2023 |
| Decision |
The Sindh High Court allowed the petition filed by Adamjee Insurance Company Ltd. against the orders of the Federal Insurance Ombudsman. The court found that there was no privity of contract between the petitioner and Respondent No. 3, who was merely a hypothecation client. The claim made by Respondent No. 3 was denied by the petitioner, and this denial did not fall under the definition of 'mal-administration' as per Section 127(2) of the Federal Ombudsman Institutional Reforms Act, 2013. The court ruled that the statutory fora's findings regarding the claim were unreasonable and could not be upheld. |
| Summary |
The case revolves around a dispute between Adamjee Insurance Company Ltd. and Respondent No. 3 regarding a claim under an agricultural insurance policy. The petitioner, Adamjee Insurance Company, contended that the arrangement was primarily to protect the interests of the bank that issued the agricultural loan, with Respondent No. 3 being a hypothecation client. The court analyzed the agreements and policies involved and concluded that the insurance claim made by Respondent No. 3 could not be entertained as it did not meet the criteria for mal-administration. The ruling emphasizes the importance of understanding contractual relationships and the specific terms of insurance agreements, particularly in agricultural financing contexts. Keywords: agricultural insurance, hypothecation, privity of contract, Sindh High Court, mal-administration. |
| Court |
Sindh High Court
|
| Entities Involved |
Muslim Commercial Bank,
Government of Sindh,
Adamjee Insurance Company
|
| Judges |
Ahmed Ali M. Shaikh, CJ,
Yousuf Ali Sayeed, J.
|
| Lawyers |
Mr. Abdul Rasheed Rajar,
Mr. Khaleeq Ahmed, D.A.G
|
| Petitioners |
ADAMJEE INSURANCE COMPANY LTD.
|
| Respondents |
Respondent No. 3,
PRESIDENT OF PAKISTAN
|
| Citations |
2023 SLD 6929,
2023 PLJ 115
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Federal Ombudsman Institutional Reforms Act, 2013
|
| Sections |
199,
14
|