Banks

Plaintiff, having been injured in an automobile accident involving an uninsured motorist, made claim for damages under his insurance policy with defendant. The parties being unable to agree on the amount involved, the matter was submitted to arbitration under the auspices of the American Arbitration Association. After hearings, the arbitrator rendered his award, in the following terms:

The award was rendered on November 26, 1963. On December 4, 1963, plaintiff filed with the arbitrator an application, purportedly under section 1284 of the Code of Civil Procedure, for a correction of the award. The ground alleged was that the arbitrator had not included any allowance for general damages, it being contended that the award was in the exact sum of the special damages for loss of earnings. The arbitrator took no action on this application until January 20, 1964, when he wrote a letter to the American Arbitration Association, purportedly correcting his award by adding an allowance of $1,000 for general damages. The Association rejected the purported correction, on the ground that it was not made within the 30-day period set forth in section 1284.

Plaintiff then filed his petition,…