Court : Madhya Pradesh
Reported in : AIR1976MP208
..... the meaning has been so understood all along by everyone and it is for this reason that the 'accidents' which result without any negligence or rashness have come to be known as 'inevitable accidents' which expression, as already pointed out, has assumed a definite meaning in legal parlance. ..... thus, according to him, claims before the tribunal can be lodged only in respect of inevitable accidents and the remaining accidents which result from any negligence or rashness ere outside the jurisdiction of the claims tribunal. ..... shri garg's argument, if accepted, would amount to substituting the words 'inevitable accident' for the word 'accident' occurring in the statute and this is the very thing which the courts are warned to avoid in such a situation. ..... on this basis, he argues that except for claims arising out of inevitable accidents, remaining claims resulting from injuries sustained from the use of the motor vehicle are to be made in the ordinary civil jurisdiction before the civil courts, which are tortious acts resulting from negligence or rashness. ..... 'the settled meaning of the expression 'inevitable accident' itself shows that all accidents are not inevitable and only some of them which satisfy the aforesaid requirements and exclude rashness or negligence on the part of the driver, fall within the category of inevitable accidents. .....
Tag this Judgment!Court : Mumbai
Reported in : (1976)78BOMLR106
..... of inevitable accident and it is settled law that the burden rests on the defendant to show that it was an in evitable accident. ..... his theory of inevitable accident. ..... the defendant must either show what was the cause of the accident and that the result of that cause was inevitable or that he must show all possible causes and with reference to every one of such possible causes that the result could ..... the honourable high court after considering all these facts have held that the defendant was not responsible for the accident, but in act the defendant tried his best to avoid the accident and in view of the aforesaid finding, the honourable high court was pleased to acquit the defendant and, therefore ..... other witnesses for the plaintiffs are (1) sub-inspector ponkshe, who arrived at the scene of the accident after the deceased, who had been injured, had already been removed to hospital in a taxi; ..... it is to be noticed that thirteen years have already elapsed since the date of the accident and the dependents of the deceased have not received anything for all this period of time ..... babu shetty, sister's son of the deceased, who arrived at the scene of the accident almost immediately while the deceased was in an unconscious state and was still lying on ..... a perusal of the plaint clearly shows that the claim is under section 1a of the fatal accidents act, 1855, and that although section 2 of the said act provides that a claim for loss to the estate of the deceased can be inserted, such a claim has .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1988MPLJ346
..... sudden failure of brakes or the latent defect or of inevitable accident, is a special plea within the knowledge of the driver and the owner and it should be specifically pleaded, issue should be raised and that such plea should be proved by cogent and legal evidence that reasonable care in inspection and maintenance of the vehicle was properly taken, it was regularly checked and was checked on the ill-fated day of accident and the vehicle was found in order ..... no issue was raised with respect of inevitable accident in the circumstances of the case or because of sudden failure of brakes or mechanical break-down. ..... the manner in which the accident occurred and/or of mechanical break-down or failure of brakes or of inevitable accident. ..... put up the case in their cross-examination of sudden failure of brakers or of inevitable accident. ..... it was also further argued by him that when the learned tribunal accepted the statement of rajaram of sudden failure of brakes as a result of which the vehicle did not remain in his control, the accident was inevitable and no liability could have been fastened on the state of m.p. ..... doctrine of res ipsa loquitur, which is a rule of evidence departing from the normal rule that it is for the plaintiff to prove negligence but in some cases considerable hardship is caused to the plaintiff as the true cause of the accident is not known to him but is solely within the knowledge of the defendant who caused it, the plaintiff can prove the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2(1988)ACC337
..... , sudden failure of brakes or the latent defect of inevitable accident, is a special plea within the knowledge of the driver and the owner and it should be specifically pleaded, issue should be raised and that such plea should be proved by cogent and le gal evidence that reasonable care in inspection and maintenance of the vehicle was properly taken, it was regularly checked and was checked on the ill fated day of accident and the vehicle was found in order ..... no issue was raised with respect of inevitable accident in the circumstances of the case or because of sudden failure of brakes or mechanical brake-down. ..... , the manner in which the accident occurred and or of mechanical brake down or failure of brakes or of inevitable accident. ..... put up the case in their cross-examination of sudden failure of brakes or of inevitable accident. ..... it was also further argued by him that when the learned tribunal accepted the statement of rajaram of sudden failure of brakes as a result of which the vehicle did not remain in his control, the accident was inevitable and no liability could have been fastened on the state of m.p. ..... doctrine of res ipsa loquitur, which is a rule of evidence departing from the normal rule that it is for the plaintiff to prove negligence but in some cases considerable hardship is caused to the plaintiff as the true cause of the accident is not known to him but is solely within the knowledge of the defendant who caused it, the plaintiff can prove that .....
Tag this Judgment!Court : Delhi
Reported in : AIR1983Delhi265; 32(1983)DLT152
..... thus i am of the opinion that if there is a plea of inevitable accident as is in the instant case the onus was on the appellant to prove that the driver was not ..... driver was driving on the correct side of the road at slow speed, that the deceased and his companion retraced their steps on seeing the other vehicles coming from shadipur depot, that the accident became inevitable in spite of the fact that the driver swerved the bus to the left and applied the brakes immediately, that the bus stopped then and there. ..... it has been held that the onus to prove inevitable accident is on the driver. ..... heard the application of the breaks of the bus and his attention was diverted, he saw two persons having fallen down five or six paces ahead of the bus, that people ran towards the site of accident and he also ran with them and remained thereforee about 10 to 15 minutes and thereafter went to his residence, that the police had not reached the spot in his presence, that his statement was not ..... downward, there was, only white line dividing the road into two parts, that he was going to his residence and was waiting at the bus stop opposite to that of the bus stop where the accident took place, that the road might be 40 to 50 feet wide, that there were 15 to 20 persons, that he was residing at 11 25, east patel nagar, new delhi, that there was heavy flow of traffic on the road ..... the appellant has not produced any evidence to prove that accident was inevitable or to disprove rash and negligent driving. .....
Tag this Judgment!Court : Karnataka
Reported in : 2001ACJ318; [1999]98CompCas767(Kar)
..... had taken place neither on account of negligence of the appellant nor on account of lack of carefulness on the part of the appellant, nor on account of any connivance of the defendant-appellant or its employees, but it was an inevitable accident from the act of god and, therefore, court below committed the error of law and error of fact in decreeing the plaintiff's claim and the decree passed is liable to be set aside. ..... caused on account of negligence but having alleged that the damage was caused on account of specific acts of negligence, it was not necessary for the defendant to plead that the damage was on account of inevitable accident ; it was sufficient for him if he denied that there was any negligence.' 26. a reading of this division bench decision in hercules insurance co. v ..... the loss has been caused due to the act of god and the cause for loss has not been the negligence of the carrier, the cause for loss has been an inevitable accident which could not be avoided in spite of best efforts and the burden does lie on the defendant to establish it. ..... is rebuttable and can be rebutted by the defendant by producing the necessary evidence to show circumstances establishing that cause of loss has been the act of god or inevitable accident or something which was beyond the control of the defendant. ..... have been established, the burden was on the defendant to have proved that the loss has been caused by act of god or because of inevitable accident and there was no negligence on his part .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1987Kant107; ILR1986KAR3211; 1986(2)KarLJ290
..... (c) that, at all events, the accident was an inevitable-accident not attributable to actionable negligence on the part of the driver but attributable to a mechanical failure and therefore, ..... , the driver of the vehicle and the appellants filed separate defences.the driver contended that the incident was an inevitable-accident and one caused by a mechanical failure. ..... the contentions urged by the learned standing counsel in support of the appeal, admit of being formulated thus :(a) that at the time of the accident the driver was not on the master's duty and was not engaged in the course of employment; but had unauthorisedly taken the vehicle on a 'frolic of ..... and 115 of 1984 respectively, on the file of the motor accident claims tribunal-1, belgaum, awarding compensations in the two actions- one, a fatal accident's action and the other a personal injury action. ..... has held that it is highly improbable that the accident occurred in the manner spoken-to by the driver ..... , aged about 30 years, died and dada peer ' injured in the accident that occurred on the national high way no. ..... the tribunal held that the accident was attributable to the negligence on the part of the driver of the military vehicle and also negatived the contentions urged against the vicarious liability of ..... it was contended that the accident occurred at night .while it was raining; that owing to the jolt caused by the wheels dipping into a pot-hole, the electrical connections to the lights snapped and there was a black-out and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2(1996)ACC362
..... it is also well-settled that in a case where a motor vehicle dashes against a child as a result of which the child is killed a plea of inevitable accident or contributory negligence cannot raised as a driver has to keep a good look on all the directions of the road on sides and on the road in front of him and take care of the pedestrian and ..... law is well-settled that in an accident arising out of the use of motor vehicle a plea of unavoidability and inevitability of an accident or of a contributory negligence must be ..... plea of inevitable accident or the deceased himself was responsible for the accident was not ..... -ipsa loquitur, a rule of evidence departing from the normal rule that it is for the plaintiff to prove negligence, can be taken into aid to avoid hardship to the claimant as the true cause of accident was not known to him, but, that was solely within the knowledge of the driver of the jeep who caused the ..... ahead of the child and the driver of the jeep dashed from behind the child by bumper the driver ought to have taken a reasonable care like a prudent man to avert the accident of which he did not take, therefore, it cannot be said that the driver was not rash and negligent. ..... in para-5 of the written statement in reply to para-5 of the claim petition it is stated that on the date of the accident the death of the deceased was not caused due to rash and negligent driving of the respondent/driver, or because the vehicle was being driven in a high speed but the deceased .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2(1996)ACC244
..... settled that when a motor driver takes a defence of inevitable accident or the fact that the deceased or injured contributed to the accident, such plea has to be established by adducing legal evidence and for that bus driver should examine himself, who had the first hand information of the manner and the circumstances in which the accident occurred. ..... the accident was inevitable in the circumstances and for that no liability can be fastened, therefore, the claimants are not entitled for ..... appreciation of evidence, considering the circumstances and the manner in which the accident occurred and the fact that there are contradictions and inconsistencies in the statements of the witnesses, pw 2-ghansai and pw 3-vijayram, held that the claimants have failed to establish the rash and negligent act of the driver of the bus, the driver of the bus tried to avert the accident, but, it could not be avoided, thus, dismiss the application ..... therefore, by applying the principle and the circumstances in which the accident occurred and the fact that the bus could be stopped at about 50 paces, the finding that the driver of the bus was not rash and negligent ..... of the words res ipsa loquitur is that the accident 'speaks for itself' or tells its own story/there are cases in which the accident speaks for itself so that it is sufficient for the claimants to prove the accident and nothing more. ..... the claimants have proved the accident but could not prove how it happened to establish negligence on the part .....
Tag this Judgment!Court : Orissa
Reported in : 1998(II)OLR322
..... an innocent person, the grid corporation has to satisfy the court that it had taken all reasonable dispatch in ensuring compliance with all precautionary measures to avoid any possible accident.nothing has been brought on record to show that the grid corporation had taken all necessary precautions to avoid any accident and that in spite of all such measures, the inevitable accident has occurred. ..... of the inevitable accident or the act of god, it is that party to prove by placing sufficient materials on record what steps strictly in accordance with the protective measure were taken by it and all precautions are taken to prevent the probable accident. ..... thereafter the appropriate government may, if it thinks fit, require any electrical inspector, or any other competent person appointed by it in this behalf, to inquire and report - (a) as to the cause of any accident affecting the safety of the public, which may have been occasioned by or in connection with, the generation, transmission, supply or use of energy; or (b) as to the manner in and extent to which the ..... in connection with, any part of the electric supply-lines or other works of any person and the accident results or is likely to have resulted in loss of human or animal life or in any injury to a human being or an animal, such person shall give notice of the occurrence and of any such loss or injury actually caused by the accident, in such form and within such time as may be prescribed, to the electrical inspector and to .....
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