NATIONAL INSURANCE COMPANY LTD Vs. BANT KAUR

JUDGEMENT

(1.) THE controversy raised in this revision petition is a short one. In order to appreciate the question, few facts deserve to be noticed.

(2.) A truck owned by one Girja Singh was insured with National Insurance Company Ltd. (hereinafter referred to as the petitioner ). The truck met with an accident and Girja Singh lodged claim with the petitioner for indemnifying him of the loss caused due to accident. Girja Singh in the meantime died and his legal representatives, respondents 1 to 6 in this revision, made a request to the petitioner to refer the matter to the arbitrator in pursuance of a clause of the insurance policy Refusal to accept the prayer led to the filing of an application before the trial Court, Under Section 20 of the Arbitration Act for the appointment of an arbitrator. The application was accepted by learned Addl. Senior Sub Judge, Ambala Cantt by order dated 19. 11. 1986 and a direction was issued to the petitioner and respondent No. 7 to appoint an arbitrator within one month of the date of that order and the award was ordered to be given by the arbitrator within three months from the date of his appointment. Aggrieved by the order of the trial Court, the National Insurance company filed appeal before the District Judge through its Divisional Manager.

(3.) IT is in the wake of the above objection viz. the appeal had not been properly instituted or in other words, not filed by a duly authorised person, the lower appellate court instead of going into the merits of the appeal, proceeded to consider the objection raised and the application for permission to lead additional evidence moved by the petitioner company.