to accept the appellant’s submission that there is sufficient evidence to justify repudiation of the claim on the basis of the exclusion clause. On the other hand, there is absolutely no evidence on behalf of the respondents. His argument is only that the Surveyor/Committee report is not clinching, it is open ended and does not hold that the respondents no. 1 and 2 are responsible for the negligence. 22. We will now refer to the surveyor’s report, the findings of which are as follows: “C) After a detailed study of the Insured’s submission vide their letter dt;27.02.2010 and several rounds of face to face interactions with the Insured’s Engineers at site, we derived the following inferences; 1). The junction at Pylon P4, was the most critical and vulnerable in the entire construction and had to be handled with due care and diligence. 2). It was clear and obvious, that, an unstable equilibrium has been created at this junction, (where, the over turning moment was in excess of resisting