Niyam v2 is live — start for just ₹100 — 200 credits to try

may 2018

Supreme Court of India · 2018-05-02

ORIENTAL INSURANCE COMPANY LIMITED vs M/S NARBHERAM POWER AND STEEL PVT LTD

Citation / case number
SC 2017/38870
Court
Supreme Court of India
Petitioner
ORIENTAL INSURANCE COMPANY LIMITED
Respondent
M/S NARBHERAM POWER AND STEEL PVT LTD
Author
HON'BLE THE CHIEF JUSTICE
Bench
HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE A.M. KHANWILKAR, HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court addressed the issue of arbitration in insurance disputes under Section 11(6) of the Arbitration and Conciliation Act, 1996. The Court held that a repudiation of a claim by the insurer does not preclude the reference of disputes to arbitration, particularly when the repudiation pertains to the quantum of the claim rather than the liability itself. The High Court's appointment of an arbitrator was upheld, affirming that the arbitration clause must be interpreted purposively to avoid rendering it meaningless.

ORIENTAL INSURANCE COMPANY LIMITED vs M/S NARBHERAM POWER AND STEEL PVT LTD · Niyam