TRANS OCEAN ASIA versus ALPHA INSURANCE COMPANY LTD., KARACHI

Section 3C ()) [as inserted by the Insurance (Amendment) Act (XXVII of the year 1958) 1 Insurance Core Open Core which can be paid without premium or even a minor bank guarantee for such payment. There is no premium paid under the pre-condition insurance contract nor is there any guarantee for such payment, neither contract has been offered, nor held. , And violation of Section 3C of the Contract Act, is not enforceable

1981 C L C 1028

[Karachi]

Before Zafar Hussain Mirza and B. G. N. Kazi, JJ

TRANS OCEAN ASIA‑Appellant

versus

ALPHA INSURANCE COMPANY LTD., KARACHI‑‑Respondents

High Court Appeal No. 43 of 1974, decided on 25th May, 1980.

Insurance Act (IV of 1938)‑----

‑‑ S. 3‑C(4) [as inserted by Insurance (Amendment) Act (XXVII of 1958)1‑Insurance cover‑Open cover issued without premium being paid or even usual Bank Guarantee for such payment being furnished- Payment of premium‑A condition precedent to creation of liability under a contract of insurance‑No premium having been paid and no guarantee for such payment, having been furnished no contract, held, made out and agreement being violative of S. 3‑C of Act, not en forceable.

Halsbury's Laws of England, 4th Edo., pare. 464, p. 255 and Mar Gillivray on Insurance Law, Chap. 5, Section 7, para. 661 ref.

Nafeesuddin and Abdul Majeed Khan for Appellant.

A. Rauf for Respondent.

Dates of hearing : 13th, 14th and 28th May, 1980.

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