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2008 Supreme(SC) 1393

R.V.RAVEENDRAN, LOKESHWAR SINGH PANTA
National Insurance Co. Ltd. – Appellant
Versus
Boghara Polyfab Pvt. Ltd. – Respondent


Advocates appeared:
For the Appellant :Parag P. Tripathi ASG, Vishnu Mehra, Ms. Sakshi Mittal, Varun Sarin and Pramod Dayal, Advocates.
For the Respondent:T.R. Andhyarujina Sr. Adv. Atul chitale, Mrs. Suchitra Atul Chitale and Ms. Sunaina Dutta, Advocates.

Judgment

R.V. Raveendran, J. —

Leave granted. Heard both counsel. The question involved in this appeal is whether a dispute raised by an insured, after giving a full and final discharge voucher to the insurer, can be referred to arbitration.

The brief facts :

2. The respondent (Insured) obtained a standard Fire and Special Perils (with a floater) Policy from the appellant (‘Insurer’) to cover its goods in its godowns situated at Surat for the period 4.8.2003 to 3.8.2004. The sum insured was Rs. Three crores, subsequently increased to Rs. Six crores. On 27.5.2004 the respondent requested the insurer to increase the sum insured by another Rs. six crores for a period of two months. Accordingly, the appellant issued an additional endorsement increasing the sum insured by another Rupees six crores, in all Rupees twelve crores. The respondent alleges that the additional endorsement cover issued by the appellant was for 69 days, that is from 27.5.2004 to 3.8.2004. The appellant alleges that the additional endorsement cover was for a period of 60 days from 27.5.2004 to 26.7.2004. (Note: The appellant claims that during subsequent investigations, it came to light that its AAO (Dilip Godbole) ha










































































































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