Kiran Atapattu v. Janashakthi General Insurance Co. Ltd. – SC APPEAL 30-31/2005-2013

Brief
In the case between Kiran Atapattu (and associated business entities) and Janashakthi General Insurance Co. Ltd., the Supreme Court addressed whether the High Court erred in setting aside arbitral awards concerning insurance claims for a lorry destroyed by fire. It was held that the High Court had misapplied the standard of proof for fraud, incorrectly rejected certified copies of insurance policies, and inappropriately found the arbitral awards contrary to public policy. The principle reaffirmed was that allegations of fraud in civil proceedings are to be established on the balance of probabilities, and the procedural requirements for certification under the Arbitration Act must be reasonably interpreted. Reliance was placed on procedural statutes and established precedents relating