S.P.MITRA
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
DALMIA IRON AND STEEL LTD. – Respondent
( 1 ) THIS is an application for setting aside the award of an umpire. The petitioner took, out an Insurance Policy from the New India Assurance Co. Ltd. in respect of an International Harvester or Motor Tractor Crane. The Policy was issued on June 4, 1959. On December 19, 1959, the petitioner informed the Insurance Co. that the Harvetser had met with an accident. The claim forms were sent by the Insurance Co. and were submitted by the petitioner duly filled in There were disputes and differences between the parties as to the quantum of loss suffered by the petitioner. The Insurance policy contained an arbitration clause. In terms of the arbitration agreement, the petitioner appointed its arbitrator. The respondent failed to appoint its arbitrator within time. An application was made to this Court and ultimately, through the intervention of the. Court, another arbitrator was appointed. The two arbitrators thereupon selected their umpire. The present application is directed against the umpire's award. The umpire, it appears, has awarded: (a) Rs. 12,200/- on account of costs of repairs; (b) Rs. 16,500/- in respect of the claim made in paragraph 17 of the Statement of
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