1. C. Parthiban, S/O Coummarasamy, 2. S. ... vs Dr. Latha Chatruvedula, Gunecology ... on 3
loss or
damage resulting from overturning arising out of operation as a tool of
such vehicle or of plant forming part of such vehicle ... while driver
was unloading material suddenly rear wheels got slipped due to loose
material beneath rear wheel, got imbalanced and turned tilted. The
opposite party
overturning of the machine during its
operational use as a tool of trade is not in the scope of the insurance policy ... repudiated the claim of the respondent. The excavator was removed immediately from
loose soil and it was in working condition.
As per the report
mentioned the version of the insured by noting that due to loose soil the excavator machine lost
control and fell down from up side place ... slipped and
rested on its left side and in the process some loose stones and boulders
fell on the machine damaging cabin, radiator, cooler, bucket
less than half, no noise will be there.
Day-2
Removed all loose items from inside the car as Seats, spare wheel, dicky tray ... detailed examination needs to be carried out with the help of specialized tools. The required tools are available at INQC Faridabad.
Car is required
damage
resulting from overturning arising out of
the operation as a tool.
8) The learned counsel Sri V. Gouri Shankara Rao appearing for the
respondent ... State i.e., a place where loose soil was in existence and
because of the sinking of said loose
soil, the vehicle
such cases where Court finds that using the Courts as a tool, a litigant has perpetuated illegalities or has perpetuated an illegal possession, the Court ... system has to be to discourage unjust enrichment using Courts as a tool. The costs imposed by the Courts must in all cases should
vehicle at the office of opposite party No.1. But the tools necessary to check the vehicle alignment were not available. The commissioner noticed abnormal ... observed during running of the vehicle. The wheel spokes were found loose. He suggested to tighten the same properly and check the wheel alignment. After
remaining screw does not match with each other. Meter glass is loose,
The meter was sent to the M & T laboratory, Karnal for verification ... reaffixed into the seals with the help of niddle and plier
like tools. Taking it a case of theft of energy the opposite parties imposed
K. Karibeeran (Deceased),Sakthi ... vs Vijaya Health Centre,Vadapalani, ... on 5 October, 2010
BEFORE THE