This content is restricted to site members. If you are an existing user, please log in. New users may register below.Existing Users Log InUsername or EmailPassword Remember Me Forgot password? Click here to resetNew User? Click here to register Post navigation HELD that the leak of ammonia gas was not occasioned due to wear and tear (as claimed by the Respondent) but was the outcome of an accident which was not foreseen and beyond its control and not covered by any of the exceptions in the Refrigeration Policy (Exception Clause 3) so as to entitle the Respondent to claim immunity for the ultimate purpose of repudiating the insurance claim lodged by the Appellant – Payment of Rs. 2,25,00,000/- in full and final. In any event, from the very details furnished by the respondents, the instance of myositis being minimal to the extent of 0.02 in a million, to contend that there was negligence on the part of the respondent is also not acceptable.