A.K.ANNAMALAI J. - (1.) The complainant is the appellant.
(2.) The complainant has filed a complaint against the opposite parties claiming for a sum of Rs.2,74,000/- towards loss caused to the machineries and for costs.
(3.) The opposite party stated that as per the Surveryors Report that the machinery was used beyond the prescribed working hours and due to normal wear and tear of the parts and breaking up bearing and damaged bearings and other parts and also failure to keep the machine under proper maintenance the damages were caused and as per the complainants claim, a hammer along with stone went inside the machine which caused to the accident. But no such hammer was found inside the JAW STOCK and further as the complainant failed to observed the conditions for the claim of policy amount by keeping damaged and defective parts to make them available for inspection, the claim was repudiated.;