SUIT FOR INSURANCE CLAIM
— Payment of liquidated damages on late settlement of claims — Scope — Husband of the respondent appointed the respondent as a nominee while purchasing an insurance policy from the insurer — Unfortunately, the insured, met with a road accident and passed away — The incident was reported to the police by a stranger — The details were also covered in various newspapers — Deceased’s sons, who received this information, arrived at the scene and provided statements to the police — However, they chose not to conduct a post-mortem examination of their father — This information was conveyed to the insurer — Claim of respondent with the insurer could not succeed — Respondent, thereafter, filed a suit for recovery of insurance claim in the court of Civil Judge which was ultimately returned being coram non judice — Respondent filed an application before the Insurance Tribunal which was dismissed, however, High Court on appeal allowed the same — Contention of insurer was that the burden of proof to establish the cause of death was on the respondent under the Insurance Ordinance, 2000 which she failed to discharge — Validity — Insurer had never challenged the validity of death certificate; entry in the death register of concerned union council and the report lodged at police station which were official documents and presumption of truth was attached with them, as such, they were rightly taken into consideration — Generally where a person dies in accident or an unnatural death, his legal heirs ordinarily avoid for conducting post-mortem examination — However, if the insurer deemed it to be necessary, it should have been done by itself in order to protect its rights — Insurance claim was lodged by the respondent with the insurer by complying with all procedural requirements, however, the insurer had badly failed to make due payment as prescribed under the law — Appeal was dismissed. [2024 SCLR 2 = 2024 SCP 1]