LAWS(MAD)-2010-1-19

UNITED INDIA INSURANCE COMPANY LTD Vs. K SARVABHAUMAN

Decided On January 18, 2010
UNITED INDIA INSURANCE COMPANY LTD Appellant
V/S
K.SARVABHAUMAN Respondents

JUDGEMENT

(1.) This Original Petition is at the instance of the Insurance Company against the order of the Arbitral Tribunal dated 27.6.2000.

(2.) On the basis of the award, the claimant, fourth respondent herein, made an application before the Tribunal seeking an additional award. On the petitioner's part too, an application was filed under Section 33 of the Arbitration and Conciliation Act, 1996, for a direction that in the light of the decision of the Apex Court (National Insurance Co. Ltd. v. Sujir Ganesh Nayak & Co., 1997 AIR(SC) 2049 and (H.P. Horticultural P.M. & P. Corpn. Ltd. v. U.I. Insurance Co. Ltd., 2000 AIR(HP) 11), the arbitral award dated 27.6.2000 had to be set aside on the ground of limitation.

(3.) By award dated 26.9.2000, the Arbitral Tribunal passed the additional award in the claimant/fourth respondent's application for rectification, granting the prayer. However, as regards the petition filed by the petitioner herein seeking an interpretation on the terms of the agreement, the said claim was rejected by the Tribunal.