ORIENTAL INSURANCE COMPANY LIMITED Vs. SHISHIR KHANDELWAL

JUDGEMENT

(1.) THE Oriental Insurance Company Limited (hereinafter referred to as ˜the petitioner for short), which was the opposite party before the District Forum, has filed the present revision petition.

(2.) COMPLAINANT respondent had taken a Fire Policy ˜C in the name of M/s Khandelwal Mineral Industries, hypothecated to the Bank of India, covering stock of Acid slurry/ Labsa, tanks platform and building/shed, etc. During the validity of the policy, the respondent reported to the petitioner that a PVC container filled with Labsa kept in the godown leaked totally on 17.4.2000 and spread over the godown and ground due to the leaking of the container.

(3.) ON being reported, the petitioner appointed a Chartered Engineer Surveyor for inspection and assessment of loss who found that the container had broken from the height of about 4 feet from the bottom surface because of which Labsa had leaked out. Surveyor came to the conclusion that the cause of loss was either the inferior quality of tank design or it could not bear the surface tension/centrifugal force of Labsa chemical or it might have been kept in the tilting position and, therefore, force could have sustained by certain portion of circumference that the tanker wall could not bear the load. The surveyor found that the tank had broken due to excessive load.