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september 2008

Supreme Court of India · 2008-09-18

National Insurance Co. Ltd vs M/S. Boghara Polyfab Pvt.Ltd

Citation / case number
AIR 2009 SUPREME COURT 170
Court
Supreme Court of India
Petitioner
National Insurance Co. Ltd
Respondent
M/S. Boghara Polyfab Pvt.Ltd
Author
R.V.Raveendran
Bench
Lokeshwar Singh Panta, R V Raveendran

Judgment text excerpt

The Supreme Court held that a dispute raised by an insured after signing a full and final discharge voucher cannot be referred to arbitration under the Arbitration and Conciliation Act, 1996. The Court emphasized that the discharge voucher, when executed under coercion, does not bar the insured from raising claims regarding the true nature of the insurance coverage and the assessment of loss. The Court ruled in favor of the insured, allowing the dispute to proceed despite the discharge voucher, thereby reinforcing the principle that consent obtained under duress is not valid.

National Insurance Co. Ltd vs M/S. Boghara Polyfab Pvt.Ltd · Niyam