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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
SC 2007/20101
Court
Supreme Court of India
Petitioner
NATIONAL INSURANCE CO. LTD.
Respondent
M/S. BOGHARA POLYFAB PVT.LTD.
Author
R.V.RAVEENDRAN
Bench
R.V. RAVEENDRAN,LOKESHWAR SINGH PANTA, , ,

Judgment text excerpt

The Supreme Court ruled that a dispute regarding an insurance claim cannot be referred to arbitration if the insured has signed a full and final discharge voucher under coercion, as it violates the principles of free consent under Section 10 of the Indian Contract Act, 1872. The Court held that such a discharge voucher is not binding if obtained through undue influence or coercion, thereby allowing the insured to pursue their claim despite the discharge. The judgment emphasizes the importance of voluntary consent in contractual agreements.

NATIONAL INSURANCE CO. LTD. vs M/S. BOGHARA POLYFAB PVT.LTD. · Niyam