Insurance Journal (1st Quarter 2021)

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Health CornerWhat are the likely side effects of COVID-19 vaccine?The reported side effects of COVID-19 vaccine are minor. They include sore arm, muscle pain (possibly with localredness), fatigue or headache.Can pregnant women or breastfeeding mothers receive the vaccine?It is not advised at the moment as the data about safety of COVID-19 vaccines for pregnant women and breastfeedingmothers is very limited. The actual risks of vaccines, especially mRNA to the pregnant woman and her fetus areunknown, because these vaccines have not been tested on pregnant women.What if someone develops side effects after receiving the vaccine? Where can they register the complaint?Complaints can be registered through SMS on 1166, or through 1166 call center.Will other vaccines help protect me from COVID-19?Currently, there is no evidence that any existing vaccines will protect against COVID-19.Will the COVID-19 vaccine stop the pandemic?The vaccine development and information about its effectiveness is a work in progress. The initial vaccines arereported to be protective against severe illness, a factor that will avert high numbers of deaths and pressure on healthsystems. More information is required, which we will have over time, to describe the role of vaccines in curbing thepandemic.Do we still need to wear mask after getting the COVID-19 vaccine?Yes. Wearing masks, washing hands and keeping a distance of 6 feet from others remain the cornerstone of protectionfrom COVID-19, even when someone has received the vaccine.Are the COVID-19 vaccines currently available in Pakistan, authenticated?Yes, all vaccines procured and administered are approved by the Drug Regulatory Authority of Pakistan (DRAP).How will I know which COVID-19 vaccine is the best?All vaccines have gone through clinical trials and approved by the Drug Regulatory Authority of Pakistan (DRAP), aswell as WHO under Emergency Utilization Listing (EUL) and are good to use.Can children be vaccinated and what is the lower age limit for vaccination eligibility?International health experts have allowed the emergency use of COVID-19 vaccines in individuals 18 years of age andolder.Do I need to wear a mask and avoid close contact with others if I have received 2 doses of the vaccine?Yes. While experts learn more about the protection that COVID-19 vaccines provide under real-life conditions, it willbe important for everyone to continue using all the tools available to us to help stop this pandemic, like covering yourmouth and nose with a mask, washing hands often, and staying at least 6 feet away from others.What are the charges/cost of COVID-19 vaccine?The Government of Pakistan is providing the vaccine free of cost. Whereas, the private sector is proving the RussianCOVID-19 vaccine, Sputnik V (02 doses) at a price of PKR 12,268/-.Source: https://ncoc.gov.pkInsurance Journal January, February, March 202126Find us at: www.insurancejournal.com.pk — www.facebook.com/insurancejournalpakistan
Legal Section2016 C L D 1790[Sindh]Before Sajjad Ali Shah, C.J. and Zulfiqar Ahmad Khan, JHASHWANI HOTELS ISLAMABAD through Senior Manager---PetitionerVersusSINDH INSURANCE TRIBUNAL, KARACHI and 3 others---RespondentsConstitutional Petition No. 6388 of 2014, decided on 19th April, 2016(a) Insurance Ordinance (XXXIXof 2000)-------S. 124---Civil Procedure Code (Vof 1908), O. I, R. 10 & S. 151 ---Appeal to the High Court---Scope---Question was as to whether the HighCourt was barred under S.124 ofInsurance Ordinance, 2000 toconsider the Constitutional petitionagainst the order of the InsuranceTribunal on the application under O. I,R. 10, C.P.C.---Section 124(1) ofInsurance, 2000 provided that 'thedecision of the Tribunal on anyapplication shall be final', whichmeant that once the Tribunal hadgiven any decision in respect of anyapplication presented to it, saiddecision became final and conclusiveimmediately upon its delivery and thetribunal became functus officio---S u c h d e c i s i o n c o u l d n o t b echallenged under the schemeprovided by the Insurance Ordinance,2000---Legislature had intended toconfine the decision-making inrespect of applications agitated beforethe Tribunal to the Tribunal itself---Expression and shall not bequestioned in any court or before anyother authority' used in S. 124(1) ofthe Ordinance further cemented thefinality of the decision made by theTribunal in respect of any applicationagitated before it---Section 124(2) ofthe Ordinance, however, provided anoption of appeal before the HighCourt for a person aggrieved by adecision of the Tribunal, where theamount of claim was in dispute or theprescribed penalty was not less thanone hundred rupees---High Court,while exercising its supervisorypowers under the Constitution, wasfully competent in respect of ordersby the subordinate courts or tribunalsin violation of the principles ofnatural justice to correct any error oflaw where no efficacious remedy wasavailable---jurisdiction of High Courtwas, therefore, not barred under S.124 of the Ordinance against theimpugned order the Tribunal.1998 SCMR 1899; 2011 CLD 931;1995 CLC 239; 1999 SCMR 1881;2013 SCMR 1707 and PLD 1997 SC3 rel.(b) Insurance Ordinance (XXXIXof 2000)-------S. 41 ----Civil Procedure Code (Vof 1908), O. I, R. 10 & S. 151---Requirement to effect and maintainreinsurer arrangements---Parties tosuit---'Proper party' /'necessaryparty'---Scope---'Dominus litis', ruleof---Applicability---Privity ofc o n t r a c t - - - L i a b i l i t y o finsurer/reinsurer towards the insured---Determination---Question was as towhether the doctrine of privity ofcontract barred the plaintiff's action toimplead the Reinsurer (Swiss Re) as anecessary or proper party---Generalrule as to impleadment of parties wasthat the plaintiff, being 'dominus litis',chose persons against whom hewished to litigate; however, said rulewas subject to the provisions of O. I,R. 10 C.P.C., which gave direction tothe court to add any person who wasfound to be a 'necessary party' or'proper party'---Plaintiff was not partyto the contract with the reinsurer andhis claim was not even remotelyrelated with Swiss re----Plaintiffintended to join Swiss Re on theapprehension that in case its claimwas decreed against the defendant,and the defendant was not in aposition to pay the same, and thed e f e n d a n t s u c c e e d e d i n i t sreinsurance claim (against Swiss Re),then the money so received by thedefendant might be attached by theplaintiff in the garnishee proceedings;said could not be held to be remotelyconnected with the plaintiff's claimagainst the defendant---personsindirectly or remotely interested wereneither 'necessary' nor 'proper'parties---Indemnity reinsuranceagreement conferred no rights on theinsured unless the language of ther e i n s u r a n c e c o n t r a c t c l e a r l yexpressed the intent on part of thereinsurer to be directly liable to theinsured---Plaintiff, being an insured,had no direct access to the funds of thereinsurer (Swiss Re), and as no privityof contract between a reinsurer andthe insured existed and both operatedunder different contracts (though withthe same insurer) giving rise toInsurance Journal January, February, March 202127Find us at: www.insurancejournal.com.pk — www.facebook.com/insurancejournalpakistan
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Insurance Journal (1st Quarter 2021)

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