RAMGOPAL LATH Vs. COMMONWEALTH ASSURANCE CO LTD

JUDGEMENT

(1.) THIS is an application for setting aside the award dated June 25, 1970 made by Mrs. Pratibha Bonnerjea, an advocate of this Court mainly on two grounds. It is firstly argued that by the order made under Section 20 of the Indian Arbitration Act, 1940 the arbitrator was directed to decide the question whether or not the terms and conditions of the contract of insurance had been satisfied by the petitioner herein. The second argument is to the effect that the arbitrator was guilty of legal misconduct inasmuch as she was clearly wrong in appreciating the evidence adduced before her and in making her award for Rs. 20,000/-in favour of the claimant.

(2.) IN support of his first contention Dr. Das has referred to the order made by Mallick, J., which reads as follows:--

(3.) IT appears that the arbitrator in making the award has not given any reason. The operative portion of the award runs as follows:-- "Now I the said Pratibha Bonnerjea having entered into the said reference, took evidence, and heard, examined and carefully considered the allegations of both the parties and their oral and documentary evidence as well as the arguments of respective lawyers and having duly and carefully considered the whole matter submitted to me, do hereby make my award as follows:--