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october 1975

Supreme Court of India · 1975-10-03

VULCAN INSURANCE CO. LTD vs MAHARAJ SINGH & ANOTHER

Citation / case number
SC 1972/60302
Court
Supreme Court of India
Petitioner
VULCAN INSURANCE CO. LTD
Respondent
MAHARAJ SINGH & ANOTHER
Author
N.L. UNTWALIA
Bench
N.L. UNTWALIA

Judgment text excerpt

The Supreme Court held that under Section 20 of the Arbitration Act, 1940, the arbitration clause does not apply to disputes regarding the insurer's repudiation of a claim. The Court ruled that the only remedy available to the insured after repudiation is to file a suit within three months, as per Clause 13 of the insurance policy, to establish the insurer's liability. The Court clarified that a dispute over the amount of loss arises only if the insurer acknowledges liability, thus the appeal was allowed and the trial court's dismissal was set aside.

VULCAN INSURANCE CO. LTD vs MAHARAJ SINGH & ANOTHER · Niyam