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1997 Supreme(Ori) 130

PRADIPTA RAY
BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
JAI BHAWANI PVT. LTD. – Respondent


Advocates Appeared:
S.S. Basu, G.P. Dutta and C. Ray, for the Appellant; E.H. Mohanty, R.K. Nayak and B. Das, for the Respondent

JUDGMENT :

Pradipta Ray, J. - Opposite party M/s. Jaya Bhawani Pvt. Ltd. has a Rice Mill at Bolangir. Opposite party entered into an Insurance contract with Bolangir Branch office of M/s. Oriental Insurance Company. The policy of Insurance was issued by Bhawanipatna Branch Office as the prescribed policy forms were not available at Bolangir. Contract of insurance contained an arbitration clause (Clause 13). There was a fire in the said rice mill at Bolangir causing damages. Opposite party lodged a claim for compensation before Bolangir Branch office of Insurance Company. Entire claim of opposite party was not accepted by Insurance Company. Compensation paid by the Insurance Company did not satisfy the opposite party. Arbitration clause was invoked and both the Insurance Company and the opposite party nominated their respective arbitrator for determination of the dispute. The Arbitrator appointed by the Insurance Company was a Chartered Accountant of Bhubaneswar while the Arbitrator appointed by the opp. party was an Advocate practising at Cuttack. In the claim statement filed by the opp. party - Branch Manager, Bhawanipatna Branch of the Insurance Company and the Regional Manager of


















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