SYAMAL GANGULI Vs. UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) SINCE it is evident that there is a difference between the parties as to the quantum of the petitioner's entitlement under the second claim, but there has been a denial of the claim in respect of the first and third claims, the appointment of an arbitrator may not be to the benefit of the parties as only a part of the disputes may be resolved thereby.

(2.) THE petitioner insists that the first claim lodged by the petitioner was arbitrarily rejected as was the third claim on account of post -hospitalisation charges. The strange arbitration clause that is adopted by the insurance company pertains only to the disputes relating to quantum but does not cover the disputes when the liability is denied under any claim by the insurance company.

(3.) URGENT certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.