Basit Nazir Awan

15/07/2025

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01/11/2024

Understanding Life Insurance: A Comprehensive Overview

Life insurance is a crucial financial product that serves to provide financial security to policyholders and their beneficiaries in the event of death. At its core, a life insurance policy is an agreement between the insurer and the policyholder. In the event of the policyholder's death, the insurance company pays a specified sum—known as the sum assured—to the designated nominee. This payment meets the contractual obligations established between the policyholder and the insurance provider.

In recent years, life insurance policies have increasingly been viewed as investment schemes. Major corporations and agents promote products that promise substantial returns, often leading potential clients to believe their investments will yield quick financial gains. This marketing strategy can mislead customers about the true nature and risks of life insurance. Agents often target remote areas in Pakistan, where the illiteracy rate is high and many individuals struggle to understand the complex terms and conditions of life insurance policies. The industry predominantly generates its business from these underdeveloped regions, where agents bring in significant revenue for insurance companies. However, the selling tactics employed by these agents may overlook ethical guidelines, prioritizing profits over transparency and customer education.

Upon purchasing a life insurance policy, policyholders typically complete several documents, including a policy schedule that outlines the terms and coverage of the policy, an application form containing essential information about the applicant’s health history and financial status, and an illustration of benefits that details the expected claims based on the premiums paid. In cases where premiums are deducted automatically from a bank account, an auto debit form is required. Agency-sold policies, on the other hand, come with a receipt instead of an auto debit form. Payment options vary, allowing policyholders to choose between monthly, semi-annual, or annual premium payments.

Understanding the terminology associated with life insurance is crucial for clients. Key terms often encountered in life insurance documents include premium, which is the amount paid by the policyholder to maintain the policy; sum assured, the amount the nominee will receive upon the insured's death; benefit term, the duration for which the policy remains active; and surrender value, which refers to the amount a policyholder can receive if they decide to terminate the policy early. During the benefit term, the sum covered will be paid out; however, if the benefit term expires, the policy matures, and the policyholder is entitled to receive the maturity amount, which will be processed once they have completed the necessary maturity form. If a policyholder decides not to continue with their policy, they have the option to surrender it. However, in the first year, they must pay the full premium as a penalty for surrendering, with the penalty decreasing over time. The premium term refers to the duration for which the policyholder is required to make premium payments to the insurer.

Life insurance operates under two main categories: conventional insurance and Islamic Takaful. The latter adheres to Shariah law, which influences the product's structure and associated interest rates. Conventional policies often offer higher returns but may involve stricter penalties for early surrender compared to Takaful, which typically allows for a more lenient approach.

Despite the protective intentions of life insurance, challenges persist, particularly in agency operations in remote areas. Many agents resort to misleading tactics that can exploit vulnerable populations. Additionally, the complexity of policies and the high-pressure sales environment can result in clients misunderstanding the product, ultimately leading to dissatisfaction and financial loss. Banks, often trusted institutions, also face scrutiny. While bank employees are perceived as reliable sources of information, they may be incentivized to sell policies without adequately explaining the potential downsides.

In conclusion, life insurance is not merely a financial product; it represents a commitment to the future security of one’s loved ones. However, both consumers and industry professionals must navigate the complexities and challenges inherent in this field. As the landscape of life insurance evolves, promoting transparency and ethical practices remains essential to building trust and ensuring that individuals make informed decisions. By understanding the nuances of life insurance, clients can better protect themselves and their families while navigating the potential pitfalls associated with this vital financial tool.

28/10/2024

Navigating Legal Recourse in Insurance Disputes: A Guide to Jurisdiction and Resolution

The business of life insurance can be likened to planting a tree, with the investment being the client’s money. This investment generates profits based on the funds provided by clients, not by the investors or corporate leaders. Similarly, banks operate using money from their clients to earn and conduct their business. While banks safeguard and manage financial assets, life insurance provides a safety net for individuals against the uncertainties of life. Both sectors rely on public funds, with insurance focusing on offering financial protection in the event of life’s eventualities and banking managing and growing those funds. The operational complexities and legal claims in these sectors necessitate a clear understanding of the available legal recourse for resolving disputes.

In Pakistan, insurance disputes are governed by a structured legal framework designed to ensure fair resolution. At the forefront of this process is the Federal Insurance Ombudsman (FIO), which serves as a key resource for disputing parties. However, the FIO's authority is limited, and complex cases may require escalation to higher authorities. Decisions made by the FIO can be appealed to the presidential secretariat, often presided over by a former High Court judge. Further appeals can be made to the court of law, including the Insurance Tribunal, which is presided over by a district judge, or the High Courts, especially when evidentiary scrutiny is necessary.

For initial insurance disputes, the Securities and Exchange Commission of Pakistan (SECP) provides a valuable resource. The SECP’s Small Dispute Resolution Committee (SDRC) facilitates arbitration and mediation, offering a less adversarial and often quicker resolution compared to traditional litigation. This approach is particularly effective for disputes involving complex contractual interpretations.

When administrative avenues prove insufficient, the Insurance Tribunal offers a more formal adjudication process. With its statutory authority and a judge experienced in insurance matters, the tribunal ensures a fair and impartial examination of evidence. Decisions from the Insurance Tribunal can be appealed to the High Court for further judicial review.

In cases involving potential fraud or criminal activity, the Federal Investigation Agency (FIA) can step in. Empowered by legislative provisions such as the Banking Ordinance of 1962, the FIA investigates financial misconduct, including fraudulent insurance practices. If evidence of wrongdoing is found, the FIA can initiate criminal proceedings, including filing a First Information Report (FIR).

Understanding and navigating the legal frameworks and institutional mechanisms in insurance dispute resolution is crucial for maintaining fairness and justice within the industry.

Article by Basit Nazir, Assistant Manager Legal at ARY Groups & Communication Ltd

30/01/2023

21. Motive, preparation, and, previous or subsequent conduct: (1) Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. (2) The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offense against whom is the subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto. Motive, preparation, or conduct of a party or his agent in a suit or proceeding which are established through evidence are relevant facts. Statements which explain or influence conduct are also relevant as the conduct of the party.

Explanation:

Motive means reason or main purpose which moved or induces a person to do a particular act. It is a desire, fear, or reason. Motive is important to prove the guilt of a person when there is no clear evidence of his crime. It is not an intention; it is different from intention as it is the ulterior object of the act and intention is the immediate object of the act. Motive is something that prompts a man to form an intention to do the act and is aware of the consequences of the act. In Chunni Lal v State of Uttar Pradesh,
the court held that facts showing the motive of the accused in taking steps to seek revenge and take away the property of the deceased were relevant to prove his guilt.
Motive acquires great importance when there is no direct evidence and cases are entirely based on circumstantial evidence then it becomes important to establish the motive and associate the accused with the act. however, in cases where there is sufficient reliance on the evidence of eyewitnesses and there is clear evidence that the accused was seen committing the act then the question of whether there is any motive or not becomes wholly irrelevant.
Facts showing the preparation of the commission of the crime are relevant under Article 21. To commit a crime, the person has to prepare the means to achieve it. Preparation is the process through which the arrangement of such means was made to achieve the ultimate aim which is the motive behind all these acts. For example, if D was poisoned by B, there must be facts that show he purchased the poison from a shop, these facts show preparation and are relevant. In Appu v. State, there was a burglary committed by four accused. The fact that they brought with them iron bars and pairs of pincers shows preparation on their part to have the intention to commit the crime of burglary.


Caselaws:

Facts showing conduct of the party's previous or subsequent conduct are relevant. The conduct of the accused before or subsequent to the crime is important as circumstantial evidence. It helps the court to draw inferences and arrive at the conclusion. This section is important in cases where evidence is not direct and clear. Previous conduct of the party, for example, he has been previously convicted for a similar crime and committed in a similar way is a relevant fact. Though, this evidence is not too strong and requires other corroborative evidence to convict the accused.
Abscondence is a subsequent conduct of the party under Article 21 and can be taken into consideration along with other evidence to prove the guilt of the accused. The subsequent conduct of the party is relevant if it is influenced or closely linked in any way with the fact in issue or relevant fact. A police complaint is a conduct of the party against himself.
In Aghnoo Nagesia v Bihar,
The apex court held that the filing of an FIR by the accused to divert the attention of the police from his crime is conduct relevant. Statements cannot be a conduct unless and until it explains or influences the conduct of the party and triggers the conduct. Dying declarations are relevant to the conduct of the party. In Emperor v. Moti Ram,
The deceased was lying on the floor with her throat slit and bleeding when the witness found her. She tried to utter the name of the accused ‘moti’ when the witness asked her who did this. This dying statement can be relevant as the conduct of the person an offense against whom is the subject of any proceeding.
Whose conduct can be relevant?
In the case of Sardul Singh v. State of Bombay, it was held that the conduct of the party alone is admissible. The conduct of a person who is not a party to the suit was not admissible, in this case, the conduct of a conspirator who was dead and so not an accused at the trial was held inadmissible.

30/01/2023

20. Facts which are the occasion, cause or effect of facts in issue: Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant.

Explanation:

Facts are the cause, or effect of a fact in issue or relevant fact, no matter whether remote or immediate but so connected that they constitute part of the same transaction and are admissible as relevant. Facts in which a fact-in-issue happened or which constitute the state of things or which allowed causing the occurrence of fact-in-issue or relevant fact are admissible under Article 20. Practically, facts that are logically related to the fact-in-issue and form part of the same transaction are relevant facts and admissible by the court. For example, B was killed in his house by D, the house shows signs of struggle by B to protect his life; things are fallen and destroyed is the admissible fact under Article 19 as it shows the state of things under which the fact-in-issue happened and are the effect of it. Circumstantial evidence is accepted in this article. For example, the circumstantial evidence that the accused was last seen with the deceased is relevant. However, this is not conclusive evidence and requires other strong corroborative evidence for the court.
In the case of Jainand v. R, it was held,

“The fact in issue was whether Jainand had murdered Karan Singh. The facts that Jainand had taken money and ornaments from Karan Singh and had on the day of murder gone to Jainand to demand the money and ornaments are relevant facts showing occasion, cause or effect of the fact in issue.”

25/12/2022

Res Gestae is an exceplion to the rule against hearsay evidence. Res gestae is a term found in American jurisprudence and english procedural law based on the belief that certain statements are made Naturally, spontaneously and without deliberation during the course of an event, they leave little room for misunderstanding/misinterpretation upon hearing by someone else for example
witness who will later repeat the statement to the court thus the courts believes that such statements Carry a high degree of credibility.

Article 19 of Qanoon e Shahdat is an exception to the general and makes hearsay evidence admissible. However, for hearsay to be admissible under Article 19, it is required to establish that it is contemporaneous with the fact in issue and that it was so immediate and no interval would allow fabrication.
But for bringing such hearsay evidence within the provisions of Section 6, what is required to be established is that it must be almost contemporaneous with the acts and there should not be an interval, which would allow fabrication.

19. Relevancy of facts forming part of some transaction: Facts, which though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant whether they occurred at the same time and place or at different times and places
Article 19 is similar to the rule of Res Gestae which literally means ‘things done. The rule of Res Gestae in evidence is that the facts that are not in issue but are so connected with the fact-in-issue as to form part of the same transaction thereafter become relevant and admissible. Not the fact-in-issue but the subsidiary facts which are closely connected with the facts-in-issue that they constitute as part of the transaction. A transaction is a group of facts that can be defined as one word; murder, crime, or transaction. It consists of both physical acts and words accompanying such physical acts whether told by the person doing such an act, the person who saw it, the person to whom it was done, or any other person. Such words are admissible in evidence under Article 19 as forming part of the transaction.
To determine whether such acts, words, or statements form part of the same transaction, courts look at the circumstances which are the proximity of time, unity or proximity of place, continuity of action, and community of purpose of design. For example, when the transaction is a single incident, a statement by a person, who perceived the incident made simultaneously with the occurrence of the incident, may form part of the same transaction as it is the result of a spontaneous psychological reaction through perception. The statements to be admissible, therefore, as forming part of res gestae, must have been made contemporaneously with the acts or immediately after the act.

25/12/2022

The relevance is an important and integral part of evidence in the court of law. For the evidence to be produced it should be relevant and what happens if it is not relevant is all defined under the Article 18 to 69 of Qanoon-e-Shahdat 1984

Articles of Relevancy of Facts.
Article 18. Evidence may be given of facts in issue and relevant facts: Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant and of ho others.

Explanation of Article 18:
This article entails that evidence that a party presents before the court during a suit proceeding or criminal proceedings to decide a case must be connected with the fact-in-issue or the relevant fact that proves the existence or non-existence of fact-in-issue or relevant fact under the Qanoon-e-Shahadat Order. Fact-in-issue is the facts that need not be proven or the facts that are in controversy. For example, A is accused of murdering B; whether A caused the murder of B or whether he had the intention to murder him are facts-in-issue. On the other hand, relevant facts are those which are connected with the fact-in-issue. For example, A was at B’s house when he was murdered is a relevant fact.
Moreover, relevant facts on which evidence can be given are defined by the Order under Articles 19 till 29 which explains all the related facts, and only those are declared to be relevant and accepted by the court under the Order. Article 18 strictly specifies that evidence can only be admissible if it concerns facts to be proved (fact in issue) or relevant facts under this order. The words ‘of no other written in the article are prohibiting the employment of any evidence which is not specifically authorized by the Order. Therefore, a party that brings evidence must show that it is relevant under the Qanoon-e-Shahadat Order. The court should strictly confine itself to the provisions of the Order and determine the relevancy of a fact by interpreting these provisions.

24/12/2022

I chooses to beleive in a notion that all people are innocent until proven guilty i beleive in that notion because i chose to beleive in the basic goodness of people i chose to believe that all crimes are not committed by bad people and i try to understand that some very good people do some very bad things.

01/07/2020

EU decision follows the grounding of 262 pilots with dubious licences; PIA says will discontinue flights to Europe temporarily.

26/06/2020

Higher Education Commission (HEC) Islamabad has announced the guidelines and timelines for the reopening of universities and calling staff members and students to campuses. Although July 15 is set as

17/06/2020