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
- Is a tribunal's final direction sufficient when its judgment does not resolve the framed issues?
- What order follows when an insurance tribunal delivers a non-speaking judgment?
04 / ANALYSIS
The Court's Answers
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.
“Merely reproducing the arguments of the parties without explaining the basis”
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.
“non-speaking on the face of it.”
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.