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ORIENTAL INSURANCE COMPANY LIMITED vs. M/S NARBHERAM POWER AND STEEL PVT. LTD.

SCR Citation: [2018] 4 S.C.R. 826
Year/Volume: 2018/ Volume 4
Date of Judgment: 02 May 2018
Petitioner: ORIENTAL INSURANCE COMPANY LIMITED
Disposal Nature: Appeal Allowed
Neutral Citation: 2018 INSC 438
Judgment Delivered by: Hon'ble Mr. Justice Dipak Misra
Respondent: M/S NARBHERAM POWER AND STEEL PVT. LTD.
Case Type: CIVIL APPEAL/2268/2018
Order/Judgment: Judgment
1. Headnote

Arbitration and Conciliation Act, 1996: s.11(6) – Appointment of arbitrator – Dispute between insurer and insured – Insurance claim – Repudiation of claim – Insurer declined to refer the disputes to arbitrator as requested by the claimant – Claimant filed application for appointment of arbitrator – High Court appointed arbitrator – Appeal by insurer – Held: The arbitration clause contained in the agreement between the parties clearly stated that if the insurer disputes the liability under or in respect of the policy, there can be no reference to the arbitrator – Insurer clearly disputed the liability to pay damages in toto – The dispute did not pertain to the quantum – Such a situation, falls within the concept of denial of disputes and non-acceptance of liability – Once the insurer disputed or not accepted the liability under or in respect of the policy, no difference or dispute could have been referred to arbitration – The only remedy is to institute a civil suit for mitigation of the grievances – Insurance. Deeds and documents: Insurance policy – Interpretation of – Held: The parties are bound by the clauses enumerated in the policy and the court does not transplant any equity to the same by rewriting a clause – The Court can only interpret such stipulations in the agreement.

2. Case referred
3. Act
  • Arbitration and Conciliation Act, 1996 (26 of 1996)
4. Keyword
  • Arbitration and Conciliation Act
  • 1996: s.11(6)
5. Equivalent citation
    Citation(s) 2018 AIR 2295 = 2018 (6) SCC 534 = 2018 (6) Suppl. SCC 534 = 2018 (4) JT 521 = 2018 (4) Suppl. JT 521 = 2018 (6) SCALE 545