UNITED INDIA INSURANCE CO LTD Vs. RAVINDER SINGH

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner. This revision petition was dismissed in default on 5.10.2005 and an application has been filed for restoration. Even though we are not very much impressed by the grounds given for non-prosecution shown in the application for restoration but in the interest of justice, we restore this revision petition to its original number subject to some exceptions.

(2.) We have heard the learned Counsel for the petitioner on admitting the revision petition.

(3.) Very briefly the facts of this case are that the petitioner owned a tanker lorry, which was insured with the respondent/opposite party. When one of the gate-valves started leaking, it was taken to the garage for repair. The tanker was filled with water as a precautionary measure before repairing it in the workshop. While the lorry was under repair, after discharging of water, there was sudden blast and the entire tanker was damaged and chassis also got bent. The matter was reported to the opposite party who appointed a Surveyor. The claim was repudiated on the grounds that the cause of loss is not covered by the terms and conditions of the policy.