' TASSADUQ HUSSAIN JILANI, J.---Facts giving rise to the instant petition are that the petitioner's sister Safia Begum obtained a Life Insurance Policy bearing No,507683776-1 amounting to Rs.50,000 against a yearly premium of Rs.2678 from the respondent-Corporation w. e. f. 31-12-1997.
Petitioner's nephew namely Mr. Irfan Ashraf was nominated as a nominee. The said Mst. Safia Begum died on 26-3-2000. A death claim was made to the respondent-Corporation which was repudiated by the respondent-Corporation on the ground that the insured had made a concealment about her state of health i.e. She was suffering from Cancer at the time when the policy was revived on 13-6-1999. Petitioner lodged a complaint with Wafaqi Mohtasib which allowed the same on the ground that "the report of the Department of Cardiology is dated 11-3- 2000, which relates to the period she was admitted in the hospital before her death on 26-3-2000.
The policy was revived on 25-6-1999 and at that time she had produced a certificate of fitness which was acceptable by the Corporation". The respondent Corporation challenged the order of the Wafaqi Mohtasib before respondent No,1 President of Pakistan, the revision petition was accepted and order of Wafaqi Mohtasib was set aside with the observation that "it was not a case of maladministration to warrant interference by the Wafaqi Mohtasib. Hence this petition.
2. In support of this petition learned counsel for the petitioner submitted that the respondent- Corporation has wrongly repudiated the death claim, that respondent No,1 has not appreciated the case in its proper perspective and that having found the insured fit, the policy was revived on 25- 6-1999 whereafter it was not open for the respondent-Corporation to hold that she was suffering from Cancer and that she had not disclosed that at the time of revival of policy.
3. Learned counsel for the respondent-Corporation defended the impugned order and submitted that the petitioner's claim arises out of contractual obligations entailing factual enquiry which exercise cannot be undertaken in a Constitutional petition, that the insured withheld material information regarding her, health at the time of revival of the policy and therefore, the death claim cannot be accepted.
4. I have heard learned counsel for the parties and have given my anxious consideration to the submissions made. Admittedly the insurance policy subject-matter of this petition lapsed on 31-12- 1998 due to non-payment of second yearly premium within the grace period which of course was revived after payment of outstanding premium and on the basis of personal statement of health and FMR dated 13-6-1999. I have gone through the pro forma which has to be filled by the insured at the revival of a policy which is annex 'B' with the written reply filed by the respondent- Corporation. Column No,7 of the same carries the following query:-- "Do you now or have you ever had small pox, Heart disease, Diabetes, High Blood Pressure, T.B., Cancer Nervous or Psychological disorder? If so, specify with dates".
' The insured in answer to the afore-referred query replied that she had none of the afore-referred diseases. At page 9 of the written reply I find that photo copy of Chemotherapy treatment card issued by Fuji Foundation Hospital, Rawalpindi which is dated 9-2-1999 which indicates that she was suffering from Carcinoma Breast, when she filled the afore-referred form seeking revival of the insurance policy. This means that at the time of revival of insurance policy she was suffering from the afore-referred fatal disease and she did not disclose it. This point was specifically taken in paras.2 and 3 of the written reply and all the details of the treatment given to the insured by the Hospital have been appended with it. Petitioner has not filed by replication to controvert the afore- referred factual position. In these circumstances I am of the considered view that the insured death claim has rightly been repudiated by the respondent-Corporation.
5. For what has been discussed above, I do not find any merit in this petition which is dismissed.