SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Online)(KER) 1922

HIGH COURT OF KERALA
FRANCIS KOTTACKAL EXIM PVT LTD – Appellant
Versus
THE UNITED INDIA INSURANCE COMPANY LIMITED – Respondent


ORDER

The non-settlement of insurance claim by the respondent made under the insurance policies purchased by the petitioner, has lead to the present Arbitration Request.

2. The petitioner purchased two insurance policies from the respondent to insure its stocks of rice at its factory against “Loss” and “Damage” arising out of inter alia “... Flood and Inundation...”. Claims were raised by the petitioner alleging damage of stocks on account of flooding. According to the petitioner, the respondent company satisfied only a part of the claim and the balance remain unsatisfied. The terms of the agreement between the parties provides for dissolution of disputes by arbitration. The respondent has not co-operated for the appointment of an Arbitrator. It is on the said allegations that the petitioner has approached this Court seeking appointment of an Arbitrator.

3. The respondent has filed a counter affidavit.

4. Heard the learned counsel on either sides.

5. The arbitration clause in the agreement reads thus:

“If any dispute or difference shall arise as to the quantum to be paid under this policy (liability being otherwise admitted) such difference stand independently of all other questions be

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top