IN THE COURT OF ASHFAQ AHMED RANA ADDITIONAL

DISTRICT JUDGE, RAWALPINDI

Danish Mehmood S/O Manzoor Hussain R/O Tal Khalso Post

Office Khas Tehsil Gujar Khan, Dirstrict Rawalpindi.

Versus

1 State Life Insurance Corporation of Pakistan, Pension Division,

Rawalpindi Office, Mall Road Saddar, Rawalpindi through
Assistant General Manager.

2 Bureau of Immigration and Overseas Employment State Life

Insurance Corporation of Pakistan, Rawalpindi Office, Mall
Road Saddar, Rawalpindi Through Assistant General Manager

SUIT UNDER SECTION 162 OF THE INSRUANCE ORDINANCE

2000 FOR DEATH CLAIM

WRITTEN REPLY ON BEHALF OF RESPONDENTS

Respectfully Sheweth:

PRELIMINARY OBJECTIONS
1 That this Honorable Court lacks territorial jurisdiction to

entertain and adjudicate the matter as such same is liable to

be dismissed.

2 That the Plaintiff has no cause of action to file the instant

Suit. The suit is false, frivolous, baseless and based on the
malafidies on part of the Plaintiff.
3 That section 122 of (Insurance Ordinance 2000) conferred
upon the Insurance Tribunal the power to entertain the claim
arising out of or in respect of an insurance policy.

4 That the Bureau of Immigration is a Department of Federal

Government and before filing suit a against Government notice
of section 80 of (CPC) is a mandatory requirement.

5 That the Bureau of Immigration executed Agreement with the

State Life Insurance Corporation for insurance protection to
the immigrant through Bureau of Immigration Department.

6 That the Bureau of immigration has not lodged the claim with
State Life for payment so no cause of action arises out against
the State Life.

7 That the State Life is neither necessary nor proper party

against whom the relief be sought as there is no direct
agreement with deceased.
7 That as per Para 10 of the plaint the Deceased was married at
the time of his death and his family comprises of his widow
and one son aged 7 years and a daughter aged 8 years are the
actual legal heirs of the deceased.

8 That as per policy of Bureau of Immigration Department if

the deceased was married at time of his death then Succession
Certificate is mandatory requirement for processing of death
claim according to the share of legal heirs.

9 2009 PLC SC 231. Inheritance – Amount of Benevolent fund

Group Insurance would devolve upon heirs of deceased being
his Tarka – Mother of deceased who was nominee, would not
be entitled exclusively to such amount. She is only entitled to
her share as shariat with others legal heirs of the deceased.

PRAYER

Keeping in view of the facts supra it is humbly prayed that the

instant Suit may kindly be dismissed with cost.

Ch Zaheer Ahmed
Assistant General Manager
Group & Pension Zone Rawalpindi