MINOR M LAKSHMIDHARAN Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) THERE is no merit in this appeal. From the very facts of the case it is clear that without verifying whether the steel tank was cleaned out as per the Petroleum Act before carrying out any repairs in the garage where the vehicle was left, in a negligent manner they have acted, with the result that an explosion took place damaging the vehicle. According to the rules and regulations, the tanker has to be first washed with soap water and then after drying it out and after verifying as per the Indian Petroleum Act, it has to be dismantled. Here in this case, what we find is that they have not taken the necessary precaution. Without verifying whether the tank was completely dried out, they have used gas welders and other inflammable materials for the purpose of dismantling the tank with the result that it exploded causing damage to the tanker. Therefore, in such circumstances, it is clear that there is a violation of policy conditions and the rules and regulations of the Indian Petroleum Act having not been followed, with the result that the explosion had taken place. Therefore, the claim was rightly repudiated by the Insurance Company. The Surveyor who was deputed estimated the damage at Rs.19,000/ - which the opposite parties were willing to pay, but as regards the second accident viz. , bursting of tank, it is attributable directly to the violation of the policy conditions and the non -observance of mandatory provisions of Indian Petroleum Act. Hence, the Lower Forum rightly held that the repudiation was proper. Considering the circumstances of the case, we do not see any reason to take a different view from that of the Lower Forum.

(2.) CONSEQUENTLY , this appeal has to be dismissed. Accordingly this appeal is dismissed but in the circumstances without cost, confirming the order passed by the Lower Forum. Appeal dismissed.