2008 (9) TMI 864 - SUPREME COURT

Whether a dispute raised by an insured, after giving a full and final discharge voucher to the insurer, can be referred to arbitration?

Held that:- Appeal dismissed. High Court examined the issue and found that prima facie there was no accord and satisfaction or discharge of the contract. It held that the appellant is still entitled to raise this issue before an arbitrator and the arbitrator has to decide it. On the facts and circumstances and the settled position of law referred we are also prima facie of the view that there is no accord and satisfaction in this case and the dispute is arbitrable. But it is still open to the appellant to lead evidence before the arbitrator, to establish that there is a valid and binding discharge of the contract by way of accord and satisfaction.