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.