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october 2017

Supreme Court of India · 2017-10-26

VISHNU BHAGWAN AGRAWAL PROPREITOR vs NATIONAL INSURANCE CO. LTD. THROUGH ITS REGIONAL DIRECTOR

Citation / case number
SC 2004/6784
Court
Supreme Court of India
Petitioner
VISHNU BHAGWAN AGRAWAL PROPREITOR
Respondent
NATIONAL INSURANCE CO. LTD. THROUGH ITS REGIONAL DIRECTOR
Author
ROHINTON FALI NARIMAN
Bench
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

Judgment text excerpt

The Supreme Court upheld the Umpire's Award in favor of the appellant, determining that the insurance policy's coverage had effectively increased to Rs.25,45,121.70 despite the absence of an endorsement letter prior to the fire incident. The Court emphasized that the Insurance Company could not retract its commitment based on procedural delays, thus affirming the principle that acceptance of increased coverage can be inferred from correspondence. The judgment reinforced the binding nature of arbitration awards under the Arbitration and Conciliation Act, 1996, leading to the dismissal of the appeal against the Umpire's decision.

VISHNU BHAGWAN AGRAWAL PROPREITOR vs NATIONAL INSURANCE CO. LTD. THROUGH ITS REGIONAL DIRECTOR · Niyam