S. Rajendran J:

The defendants were at all material times in the business of leasing or hiring cranes to third parties. The standard form of lease agreement used by the defendants in hiring out their cranes included the following provisions:

Clause 2 - All repairs, maintenance, fuel and transportation costs during lease period shall be borne by the lessee.

Clause 5 - The lessee shall be responsible for all damages and losses save for fair wear and tear sustained by the machine from any cause whatsoever after the lessee has taken delivery and such damages and losses shall be made good by the lessee at their expense and rental shall continue to be payable until the lessee have made good such damages and losses. An on-hire inspection at lessor's expense and an off-hire inspection at lessee's expense will be undertaken by an independent surveyor. Any defects/deficiencies etc. constitute fair wear and tear or otherwise, will be decided by the said surveyor.

Clause 6 - The lessor leases the machine without operator. Lessee shall insure each of the machine for the value stated overleaf and the lessor shall be stated in the policy as beneficiary. In the event that the insurance company