M.S.JANARTHANAM, KAYAL DINAKARAN
NEO INTEX MILLS LTD. – Appellant
Versus
ORIENTAL INSURANCE CO. LTD. – Respondent
Thiru Justice M.S. Janarthanam, President—This action has come up for admission before us today. We perused the averments in the complaints and also the documents filed along with it.
2. Such perusal reveals the following factors.
3. The complainant has a textile mill at Kattuvelampatti Village, Natham Taluk. The complainant had insured its mill buildings, machinery and stock in process etc., with the opposite party Insurance Company and obtained Fire Policies bearing Nos. F/01255 of 1996 and F/01256 of 1996. The period of the two policies was between 5.2.1996 and 4.2.1997.
4. During the currency of the policies on 19.3.1996 at about 10 a.m., fire it is said, broke out in the mills on account of clashes between groups of workers employed in the complainant mills. Consequently, there was considerable damage to the buildings, machinery and stock in process covered by the two policies of insurance.
5. The complainant preferred a claim to the opposite party to the tune of Rs. 68,99,053/-. The dispute with respect to the claim made was referred to arbitration by the complainant and the opposite party. Ultimately, an award was passed on 11.9.1997 by the Arbitrator for a sum of Rs. 68,99
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