1. KHALID ALI Z. QAZI, J.---This is an office reference submitted by Assistant Registrar (OS-I) through Additional Registrar (OS-I) wherein it is solicited whether;
(a) Decree may be prepared in terms of para. 7 of the judgment dated 13-1-2003 to the extent of the maximum liability of the Insurance Company as disclosed in para. 6 of the judgment that since the amounts pertaining to the liability of the defendants under the policy has already been deposited or paid (Rs,3,20,000 + Rs,6,24,000 = Rs,9,44,000) deposited with the Nazir of this Honourable Court.
(b) Any other orders may be passed as deemed fit and proper.
2. Under the facts and circumstances of the case, to do the substantial justice I have issued notice to the parties Messrs Abdur Rauf, Nasir Maqsood and Mukhtair Ahmed Kober Advocates appeared but none appeared on behalf of the defendants/National Insurance Corporation. Notice was served on National Insurance Corporation on 19-12-2007 for 11-1-2008 at 8 : 15 a.m. For rehearing of office reference dated 28-10-2004. The case was called thrice, thereafter with the assistance of the learned advocates of the parties I have perused the record and the order passed by Mr. Justice Anwar Mansoor Khan (as he then was) dated 19-7-2001 and 7-8-2001 wherein his lordship (as he then was) held as under:-- "Earlier Mr. Siddique had given a bank draft for a sum of Rs,320,000 stating that this is the only liability that was to be paid by him. Subsequently, after the case was partly heard on 19-7-2001 Mr. Siddique stated that in other cases, where, the insurance policy was taken up after 21-3-1991 they would be liable to be extended Rs,1,76,000 and undertook to pay the said balance. Today he has given a pay order for Rs,6,24,000 making the total to Rs,7,04,000 in respect of four cases which, according to him fall under the category where the insurance agreement was entered into on or after 21-3-1991. The cheque be delivered to the Nazir upon its receipt."
3. ' On perusal of the order as reproduced hereinabove it is clear that the Insurance Policy taken up after 21-3-1991 the defendant would be liable to the extent of Rs,1,76,000 and undertook to pay the said balance.
4. ' I have also gone through the order passed by Mr. Justice Zahid Qurban Alvi (as he then was) dated 20-11-2002 wherein his lordship has been pleased to hold that he would like to rely on the detailed observations made by Mr. Justice Anwar Mansoor Khan (as he then was) in his order dated 19-7-2001.
5. ' I have also gone through the case-law cited at bar;
(i) AIR 1981 Madras 299;
(ii) AIR 1986 Rajasthan 2; PLD 1993 SC 158;
(iv) PLD 1984 Karachi 38;
(v) AIR 1977 SC 1158;
(vi) 2002 MLD 861;
(vii) 2001 CLC 1808;
(viii) 2003 CLC 719 and Article 323 Qisas and Diyat Ordinance 1991.
6. In view of the following law laid down by Honourable Superior Courts of Pakistan and India and keeping in view the provision of Art. 323 Qisas and Diyat Ordinance 1991 it is established that para .7 of the judgment dated 13-1-2003 passed by this Honourable Court may be treated as maximum B liability to the extent of the amount so deposited at the rate of Rs,1,76,000 per person being the value of Diyat. Let the decree be prepared accordingly.