RAMENDRA MOHAN DATTA
RAMGOPAL LATH – Appellant
Versus
COMMONWEALTH ASSURANCE CO. LTD. – Respondent
( 1 ) THIS is an application for setting aside the award dated June 25, 1970 made by Mrs. Pratibha Bonnerjea, an advocate of this Court mainly on two grounds. It is firstly argued that by the order made under Section 20 of the Indian Arbitration Act, 1940 the arbitrator was directed to decide the question whether or not the terms and conditions of the contract of insurance had been satisfied by the petitioner herein. The second argument is to the effect that the arbitrator was guilty of legal misconduct inasmuch as she was clearly wrong in appreciating the evidence adduced before her and in making her award for Rs. 20,000/-in favour of the claimant.
( 2 ) IN support of his first contention Dr. Das has referred to the order made by Mallick, J. , which reads as follows:--"as indicated before there is clearly a dispute as to whether the insurance company is liable to compensate. Whether or not, the terms and conditions have been satisfied and the petitioner is entitled to compensation are questions to be decided by the Arbitrator. It is not for me to express any opinion on it. Suffice it to state that in the facts of the case, it has been proved to my satisf
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