ABID HUSSAIN CHATTHA, J. This constitutional Petition is directed against the impugned Order dated 12.07.2012 passed by the Governor of Punjab. Briefly the issue pertains to the claim of payment of Group Insurance to Respondent No. 1 regarding her late husband, Malik Zahoor Ahmad who initially was an employee of Defunct District Council, Vehari but later in 2001 was adjusted as Assistant (BS-11) in the office of Executive District Officer (Literacy), Vehari. The District Accounts Officer had also issued a certificate that an amount of Rs. 2,400/- for a period from 01.07.2002 to 31.01.2005 @ Rs. 75/- p.m. had been deducted by the Accounts Office, Vehari and properly booked into the relevant head of account and also transmitted to the head of account along with monthly account submitted to the office of Accountant General Punjab, Lahore. As per version of Respondent No. 1, an amount of Rs. 240,000/- was admissible and payable to her on account of Group Insurance of her late husband. The Petitioner admittedly had paid an amount of Rs. 50,000/- as Group Insurance to her and declined the remaining claim of Respondent No. 1 which constrained Respondent No. 1 to file a complaint before the Wafaqi Mohtasib on 15.08.2006 which was decided against Respondent No. 1 on 12.12.2007. Thereafter, Respondent No. 1 agitated the matter before the Punjab Mohtasib on 16.12.2009 which was also decided against her on 05.03.2010.
She filed an appeal before the Governor of Punjab which was accepted vide impugned Order dated 12.07.2012.
2. Learned counsel for the Petitioner submitted that no right of hearing was provided to the Petitioner before the Governor of Punjab. More importantly, the decision is without jurisdiction as the subject is regulated by the Insurance Ordinance, 2000 (the "Insurance Ordinance"). Conversely, learned counsel for Respondent No. 1 submitted that Respondent No. 1 is an extremely poor widow who is running from pillar to post for the last 14 years regarding enforcement of her right pertaining to Group Insurance of her deceased husband. He submitted that the point of jurisdiction was never taken before any forum and has been raised 'for the first time before this Court. He contended that the decision made by the Governor Punjab is liable to be implemented in letter and spirit.
3. There is no cavil to the proposition that insurance is a regulated business and governed under the Insurance Ordinance. The aggrieved person is provided remedies to invoke the jurisdiction of Insurance Tribunal constituted under section 121 of the Insurance Ordinance or the Insurance Ombudsman appointed under section 125 of the Insurance Ordinance. Section 127 of the Insurance Ordinance provides that the Insurance Ombudsman may on a complaint by any aggrieved person undertake any investigation into any allegation of maladministration on the part of any insurance company if the matter does not fall within the jurisdiction of Wafaqi Mohtasib or is not sub-judice before any Court of competent jurisdiction.
4. The issue raised in the Petition is covered under the definition of "Mal Administration" stipulated in section 127(2) of the Insurance Ordinance. Section 128 of the Insurance Ordinance empowers a Court to refer any matter to the Insurance Ombudsman for inquiring therein and passing of an appropriate order. The Insurance Ombudsman is also empowered to condone the delay in entertaining a complaint as provided in section 129(2) of the Insurance Ordinance. The Appeal against the decision of the Insurance Tribunal can be preferred before the Securities and Exchange Commission of Pakistan under section 130 of the Insurance Ordinance.
5. It is trite law that jurisdiction, not conferred by law, does not vest jurisdiction in any forum. At the same time, the issue of jurisdiction ought to be raised at the first instance. The Petitioner Company did not raise the issue of jurisdiction before the Wafaqi Mohtasib, Punjab Mohtasib or Governor of Punjab although the forums did not have the jurisdiction to decide the matter.
6. In view of the above discussion, the orders dated 12.12.2007, 05.03.2010 and 12.07.2012 passed by the Wafaqi Mohtasib, Punjab Mohtasib and Governor of Punjab, respectively are set aside being without jurisdiction. This Petition is converted into a representation in the form of complaint along with its annexures and transmitted to the Insurance Tribunal which shall decide the same in accordance with law after hearing the Petitioner and Respondent No. 1, expeditiously on its own merits. In order to regulate further proceedings, the parties are directed to appear before the Insurance Tribunal along with a certified copy of this Judgment on 26.05.2022 at 11:00 a.m.
7. Disposed of in the above terms.