JUDGMENT ANALYSIS / Banking & Finance

Must an Insurance Tribunal Give Reasons on Every Material Issue?

Adamjee Insurance Company Ltd. v. Waseem Qadir Hashmi and others

DECISION IN BRIEF

The Lahore High Court set aside and remanded an insurance-claim award because the Insurance Tribunal did not give issue-wise findings on limitation, payment, calculation and the basis for liquidated damages.

01Overview of the Case02Brief Facts03Questions of Law04The Court's Answers05Practical Relevance

01 / ANALYSIS

Overview of the Case

The Lahore High Court set aside and remanded an insurance-claim award because the Insurance Tribunal did not give issue-wise findings on limitation, payment, calculation and the basis for liquidated damages.

02 / ANALYSIS

Brief Facts

Waseem Qadir Hashmi filed a claim before the Insurance Tribunal at Multan against Adamjee Insurance Company Limited and other respondents. Written statements were filed in opposition.

On 2 April 2024 the tribunal framed issues concerning limitation, forwarding and disbursement of the claim amount, the amount still due, and relief. Evidence was recorded on those questions.

By judgment dated 17 December 2024 the tribunal directed payment of the balance insured amount after deducting amounts already paid, together with liquidated damages. The insurer challenged that decision in an appeal under section 124 of the Insurance Ordinance, 2000.

03 / ANALYSIS

Questions of Law

  1. Is a tribunal's final direction sufficient when its judgment does not resolve the framed issues?
  2. What order follows when an insurance tribunal delivers a non-speaking judgment?

04 / ANALYSIS

The Court's Answers

QUESTION 1

Is a tribunal's final direction sufficient when its judgment does not resolve the framed issues?

Answer. No. The tribunal must address material issues such as limitation, disbursement of payments, quantum and the legal foundation for damages. A conclusion that the insurer's pro-rata calculation was unexplained did not substitute for reasoned findings on the other contested matters.

IN THE COURT'S WORDS

“Merely reproducing the arguments of the parties without explaining the basis”

Judgment, paragraph 10
QUESTION 2

What order follows when an insurance tribunal delivers a non-speaking judgment?

Answer. The High Court allowed the insurer's appeal, set aside the judgment and remanded the claim to the tribunal for fresh adjudication in accordance with law. It did not itself finally determine the payable amount.

IN THE COURT'S WORDS

“non-speaking on the face of it.”

Judgment, paragraph 12

05 / ANALYSIS

Practical Relevance

Insurance claims should be presented with a clear schedule of payment, supporting documents, a reasoned treatment of limitation and the calculation methodology, particularly where pro-rata reductions are disputed.

Appeal submissions should identify missing findings on framed issues, not simply express disagreement with the award's amount. The remand here leaves the substantive insurance claim to be determined afresh.