' MUHAMMAD KHALID ALVI, J.---Brief facts of the case are that Fida Hussain son of the appellant joined the respondent company as a Sales Representative on 22-8-1997. On 26-7-1998, he died, as a result of electric shock. According to the appellant, the deceased was covered in three heads of Insurance:--
(i) Compulsory Group InsuranceRs.1,50,000
(ii) Self-Subscribed Compulsory-Group InsuranceRs.3,00,000
(iii) Field Self Subscribed Group InsuranceRs.3,00,000 ' On the death, the appellant applied for insurance amount. She was paid a sum of Rs,3,00,000 through cheque dated 12-3-2001 against third category. Since her claim with regard to the first and second category was not made, she made an application before the learned Federal Ombudsman, who vide order dated 8-9-2001, allowed to claim and directed to make payment.
This order was assailed by the respondent before the President of Pakistan, who allowed the representation vide order dated 20-2-2002. This order was challenged by the appellant through W.P.No,6825 of 2003 which was allowed by the learned Judge in Chamber on 3-6-2003 and the matter was remanded to the President for reconsideration. The respondent challenged this order through I.C.A. No,301 of 2004 which on appellant's application and statement of the respondent, was withdrawn on 6-12-2007 in order to approach the Tribunal, established i,e, 20-6-2006. The appellant filed an application before the learned Tribunal on 22-7-2006. It was contested by the respondent and after recording the evidence of the parties, learned Tribunal vide order dated 19- 12-2003, dismissed the application. The same is being challenged through this appeal.
2. It is contended by the learned counsel for the appellant that even according to the Article 86(a) of the Limitation Act, the period of limitation is three years from the date of death of the ensured.
This type of claim used to be filed before the Civil Courts under the plenary jurisdiction before the establishment of the Insurance Tribunal in the year, 2006, therefore, the said limitation was applicable to the suits prior to the establishment of the Tribunal and thereafter now it would be applicable to the application to be filed before the Tribunal. Since the Tribunal was established in 2006 the date of limitation cannot be taken as date of death of the insured for approaching the Tribunal. It was further added that claim of the appellant with regard to the first two categories is not denied by the respondent as is evident from the reply, filed by him to the main application against para No,1 which is reproduced as follows:-- "1. That brief facts given rise to this application are that applicant's son Fida Hussain Shah joined the respondent No,2 as Sales Representative under code No,3430362 with effect from 22-8-1997. During the affiliation with respondent No,2 the said Sales Rep produced Rs,41025 as First year Premium during the year, 1997. By procuring the, said 'business applicant's son attained the prescribed criteria to qualify the following Group coverage in accordance with the relevant terms and condition of the schemes:--
(i) Compulsory Group Insurance (including ADB) Rs,150,000
(ii) Self Subscribed Compulsory Group Insurance Rs,300,000 ' Reply:.
(1) That the contents of Para (1) are a matter of record and needs no reply."
3. It clearly indicates that the claim of the appellant against the first two categories has not specifically been denied by the respondent. R.W.1 Saghir Ahmad, in his cross-examination had admitted that there are three types of group coverage out of which, one was paid as is the case of the appellant but he knew nothing about the other two claims. Thus, existence of the claims was not being denied by R.W.1 in his statement.
4. In this view of the matter, we allow this appeal, set aside the order of the learned Tribunal and accept the application of the appellant.