Court : Allahabad
Reported in : 1990ACJ742
..... when confronted with the question as to how the present case could be said to be one of inevitable accidents since there was no evidence that the driver was trying to avoid a greater disaster, the learned counsel was not able to explain the same.6 ..... on the first issue the tribunal agreed with the defence pleas and came to the conclusion that it had become inevitable to take recourse to turn the vehicle towards the left in order to avoid hitting the old lady and as such there was no negligence on the part of the ..... the defence in the claim was that the driver was not guilty of rash and negligent driving and the accident took place only on account of his efforts to avoid hitting an old lady, who had suddenly tried to cross the road and in the process the wheels of the vehicle slipped and went into a ditch by ..... the question of inevitability of the accident arises in those cases where the only alternative left to the driver is to choose between greater disaster and a lesser one ..... this is a claimants' appeal against the award dated 25.7.1980 passed by the motor accidents claims tribunal (1st additional district judge), ghaziabad dismissing the petition on the ground that the driver of the vehicle was not negligent while driving the same ..... 000/- on account of the financial loss caused to them due to the accident resulting in the death of mala singh and a further sum of rs. ..... the statement of the driver it is mentioned that the accident had taken place about half a furlong before the canal. .....
Tag this Judgment!Court : Allahabad
Reported in : II(1990)ACC153
..... when confronted with the question as to how to the present case could be said to be one of inevitable accident since there was no evidence that the driver was trying to avoid a greater disaster, the learned counsel was not able to explain the same.6 ..... on the first issue the tribunal agreed with the defence pleans and came to the conclusion that it had become inevitable to take recourse to turn the vehicle towards the left in order to avoid hitting the old lady and as such there was no negligence on the art of the ..... the defence in the claim was that the driver was not guilty of rash and negligent driving and the accident took place only on account of his efforts to avoid hiting an old lady, who had suddenly tried to cross the road and in the process the wheels of the vehicle slipped and went into a ditch by ..... the question of inevitability of the accident arises in those cases where the only alternative left to the driver is to choose between greater disaster and a lesser one ..... this is a claimants' appeal against the award dated 25.7.1980 passed by the motor accident claims tribunal (i additional district judge), ghaziabad dismissing the petition on the ground that the driver of the vehicle was not negligent while driving the same ..... 000/- on account of the financial loss caused to them due to the accident resulting in the death of mala singh and a further sum of rs. ..... the statement of the driver it is mentioned that the accident had taken place about half a furlong before the canal. .....
Tag this Judgment!Court : Allahabad
Reported in : 1996ACJ824
..... inevitable accident is an accident such as that the defendant could not have avoided by the use of the kind and degree of care necessary to the exigency and in the circumstances he ..... plea of inevitable accident can certainly ..... of the vehicle, the claimant has to establish some negligence or a breach of duty by the defendant towards him and its causal connection with the injuries sustained by the claimant.it was further held:(14) where the accident occurs due to bursting of tyre, as in the instant case, the duty of the injured or the heirs of the deceased is initially to allege and prove facts leading to negligence of the owner or driver of the ..... it was on the finding that the vehicle was not being driven rashly and that the driver averted a major accident due to his effective control of the vehicle and his retaining proper presence of mind in the moment of crisis that the tribunal dismissed ..... 8,000/-but refrained from awarding the compensation on the finding that the accident was not as a sequel to rash and negligent driving of the vehicle ..... the tribunal found it established that the claimant suffered multiple injuries in the accident in question besides a portion of his right foot below the toe being sliced off and that he has ever since been making use of the said foot with the aid of ..... it would appear from a perusal of the record that at the time of accident, the front right tyre of the bus suddenly deflated resulting in the ill-fated bus deflecting and dashing against the tree .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1978All356
..... in this situation it was contended that it was an inevitable accident and not attributable to any human defect. ..... of the vehicle cannot certainly be allowed to sleep over the matter and feel that he would change the brake pipe only when the same some day bursts on the road causing some sort of accident it has come in evidence that the roadways used to maintain records which could have shown as to when the last change in the brake pipe in the vehicle in question had been effected. ..... this part of the tube was in tolerably good condition but when the tube was removed the day after the accident it was found that a larger part of the back, which could not be seen before it was removed, was very badly ..... it is striking that the defendants in the instant case did not lead any evidence which would have given us some detail as to the mileage the vehicle in question had done when the accident took place, the last replacement of the brake pipes and the time and manner in which it was done. ..... from the record it has transpired that the age of the plaintiff at the time of the accident was nearly 65 years and we must make a distinction between the cases of young children with a longer expectancy of life from the cases of aged persons such as the plaintiff where the expectancy of life is necessarily ..... a sum which should have been awarded in 1962 or in 1961 when the accident took place will not have the same significance in terms of purchasing capacity in 1977 when i have to determine the figure of .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1984)ACC273
..... no one can prevent an imminent accident but what is expected of a driver is an effort, an attempt to avoid as far as may be possible, even a seemingly inevitable accident. ..... defence taken by the truck-owner was that on the relevant date he had ceased to be the owner of the truck having transferred the same to onkar singh, a few days before the accident, he also pleaded that at the relevant time munney khan was not in his employment and, therefore, he was not liable for payment of any compensation. ..... thus what was pleaded was inevitability of the accident and total absence of any collision between the two ..... the end learned counsel for the respondent also urged that the court below had erred in holding that neither the vehicle was duly insured on the date of the accident nor the insurance company was liable to pay any compensation. ..... tribunal has also held that truck driver had no opportunity of avoiding the accident and the motor-cyclist himself was guilty of negligence. ..... is necessary to be seen is as to whether he had an opportunity to avoid the accident and whether he negotiated the situation in a reasonably prudent manner. ..... even if it is assumed that the accident occurred while the scooter was started and while it had come on the road it does not absolve the driver of the bus from his duty to avoid accident when he saw the driver of the scooter trying to start ..... is a case in which the driver had made no effort at all to avoid the accident and this by itself proves his negligence.18. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(1)AWC193
..... see also act of god; casualty, inevitable accident, unavoidable accident.its synonyms are chance, contingency, mishap, mischance, misfortune ..... . 25,000 made before this court for preferring this appeal be remitted back to the concerned motor accidents claims tribunal as expeditiously as possible in order to adjust the same with the amount of compensation to be paid to the claimants, ..... : 2000 (3) awc 1860 (sc), we are of the firm view that this type of accident may be distinct, but not different in the course of use of a motor vehicle. ..... similarly, the meaning of accident is as follows defined in the law lexicon dictionary, 1997 edition:accident -- the word 'accident' is constantly used in ordinary english, and therefore, in law, in two senses, one ..... but we can construe the meaning of the word accident as contained in section 140 onwards, either in the case of no fault liability or the liabilities, which is required to be determined by the court under section 163a or 166 of the act and other sections, ..... is whether the above incident is an accident for the use of motor vehicle or an accident simpliciter which can be termed as murder.3 ..... an impression that this term cannot be used as accident at all, but an incident which leads to a ..... 12app cas 526.the word 'accident' generally denotes an event that takes place without one's foresight or expectation, an event which proceeds from an unknown cause, or is an unusual effect of a known cause, and therefore not expected : chance casualty, .....
Tag this Judgment!Court : Allahabad
Reported in : 2010ACJ74
..... see also act of god; casualty, inevitable accident, unavoidable accident.its synonyms are chance, contingency, mishap, mischance, misfortune, disaster, calamity, ..... 25,000 made before this court for preferring this appeal be remitted back to the concerned motor accidents claims tribunal as expeditiously as possible in order to adjust the same with the amount of compensation to be paid to the claimants, however, such prayer is ..... : 2000 acj 801 (sc), we are of the firm view that this type of accident may be distinct, but not different in the course of use of a motor ..... therefore, the basic question is whether the above incident is an accident out of the use of motor vehicle or an incident simpliciter which can be termed as ..... we find that the definition of term 'accident' is not defined in the motor vehicles act, 1988, but we can construe the meaning of the word accident as contained in section 140 onwards, either in the case of no fault liability or the liabilities, which is required to be determined by the court under section 163-a or 166 of the act and other sections, if any, connected ..... we were under an impression that this term cannot be used as accident at all, but an incident which leads to a murder. ..... 12 app cas 526.the word 'accident' generally denotes an event that takes place without one's foresight or expectation an event which proceeds from an unknown cause, or is an unusual effect of a known cause and, therefore, not expected chance-casualty, contingency (webster dictionary) .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All543
..... . if a carrier deviates from the usual route and the goods are lost, even by inevitable accident, he is liable; for under such circumstances the loss is traced back throgh all the intermediate causes to the first departure from duty .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1923All242; 67Ind.Cas.231
..... if the learned judge had stopped to consider what would have happened, if after the purchase and, as we have pointed out, the passing of the property, some fire or riot or inevitable accident had destroyed one of the grain-pits mentioned in the plaintiffs original largest and the question had arisen as between the plaintiffs and the owner of the grain pits as to whether they had intended to boy .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1986)ACC20
..... counsel for the appellant urged that the accident was inevitable on account of the fact that the driver had to turn his bus to the extreme right on account of the tonga and the cyclist ..... the driver is not cautious and does not keep control over his vehicle then in such a situation, as in the present case, it may be inevitable to meet with the said accident. ..... road transport corporation contested the claim on the ground that the accident was not on account of any negligence but on the facts and circumstances of the case was inevitable. ..... was contended by the appellant that the finding recorded by the tribunal was not proper as on the evidence it could not be said that the accident was actually caused on account of negligence of the driver. ..... it is on these facts, it was stated, that the accident was not caused on account of either rashness or negligent driving ..... according to him, when the accident took place the two wheels of bus ..... present appeal arises out of the judgment and decree dated 20th july, 1978, passed by the motor accident claims tribunal, mathura, in motor accident claim petition no. ..... at the time of this accident, the other bus was on its left side and a part of which was on the kachchi patri ..... an accident occurs on account of various reasons and in some cases it could be said that the accident was not on account of negligence, but not in a case when the two roadways buses coming from opposite direction and both were seeing obstruction on the road, namely, the driver of bus .....
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