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25. An act of God or forces of nature is an event which is direct, violent, sudden and irresistible act of nature and could not, by any amount of ability, even foreseen or if foreseen, could not by any amount of human care and skill have been resisted or prevented. Generally, those acts which are occasioned by elementary forces of nature unconnected with the agency of man or other causes will come under the category of "Act of God" e.g. storm, tempest, lightening, hightide etc. It is important to note here that such an event should not be unique or ought to have happened for the first time. It ____________________________________________________________________________________ is enough that the event is extraordinary and such as could not reasonably be anticipated or prevented.

26. We may profitably refer to the following observations of the Hon'ble Supreme Court on this aspect in KSRTC v. Mahadev Shetty, (2003) 7 SCC 197: -

"9. The expression "act of God" signifies the operation of natural forces free from human intervention, such as lightning, storm etc. It may include such unexpected occurrences of nature as severe gale, snowstorms, hurricanes, cyclones, tidal waves and the like. But every unexpected wind and storm does not operate as an excuse from liability, if there is a reasonable possibility of anticipating their happening. An act of God provides no excuse unless it is so unexpected that no reasonable human foresight could be presumed to anticipate the occurrence, having regard to the conditions of time and place known to be prevailing. For instance, where by experience of a number of years, preventive action can be taken, Lord Westbury defined the act of God (damnum fatale in Scotch Laws) as an occurrence which no human foresight can provide against and of which ____________________________________________________________________________________ human prudence is not bound to recognize the possibility. This appears to be the nearest approach to the true meaning of an act of God. Lord Blancaburgh spoke of it as "an irresistible and unsearchable providence nullifying our human effort".