ALAKH KUMAR SINHA Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) The Court : Heard counsel for the parties. This appeal is filed impugning a judgment dated 4th October, 1993 passed by a learned single Judge of this Court on an application under section 20 of the Arbitration Act, 1940. The learned single Judge dismissed the application under section 20 of the Arbitration Act, inter alia, holding that there has been an unauthorised inflation of the claim by the claimant so as to invoke the jurisdiction of this Court. The learned Judge also made certain observations while dealing with the application under section 20 of the Act to the extent that if the Insurance Company pays the claimant a sum of Rs. 12,005/- within four weeks thereof, that will amount to satisfaction of the claim of the claimant.

(2.) We, however, do not agree with the approach adopted by the learned single Judge in disposing of the section 20 application, though we find that there has been an unauthorised inflation of the claim by the claimant.

(3.) This Court finds that the particulars of the claim in this case have been given in paragraph 7 (at page 9) of the claim petition. The said claims are set out below: Particulars: <FRM>JUDGEMENT_101_CALLT2_2001Html1.htm</FRM>