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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. LAKSHMAN
Om Hydro Power Limited, rep.by its Director Mrs. B. Lakshmi Shruti Reddy – Appellant
Versus
New India Assurance Co. Ltd. – Respondent
ORDER :
K. LAKSHMAN, J.
Heard Mr. V. Yadu Krishna Sainath, learned counsel for the applicant and Mr. Krishna C.V. Grandhi, learned Senior Counsel representing Mr. M. Ramu, learned counsel or the respondent.
2. The present Arbitration Application is filed under Section - 11 (5) and (6) of the Arbitration and Conciliation Act, 1996 (hereinafter ‘the Act, 1996’) for appointment of an arbitrator to resolve the disputes between the parties.
3. CONTENTIONS OF THE APPLICANT
i) Applicant, a Public Limited Company engaged in Hydro Electric Power Generation, obtained an Industrial All Risk Insurance with respondent vide Policy No.61220011180600000003 covering the period of 17.05.2018 to 16.05.2019 for a sum insured Rs.1,75,85,00,000/-.
ii) The policy is an Industrial All Risks Insurance Policy and covers the properties pertaining to Hydro Electric Project properties of the applicant situated at Bundla Village, Palamur District, Himachal Pradesh State.
iii) The policy has two parts i.e., i) the material damage section (Section I) which provides against all risks; ii) Business Interruption Ssection II provides cover again Fire Loss of profits.
iv) The properties covered under the policy are civil work
The court ruled that where an insurer completely denies liability, there is no arbitrable dispute regarding insurance claims under the Arbitration and Conciliation Act, 1996.
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An arbitration clause only applies when the insurer admits liability; full repudiation precludes arbitration, and an improperly constituted Tribunal cannot issue an enforceable award.
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The court determined that an insurer's failure to deny liability allows for arbitration despite previous attempts to cancel a policy, reinforcing the principle of minimal judicial interference under ....
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