Judgment Search Results Home > Cases Phrase: inevitable accident Court: delhi Page 1 of about 2,302 results (0.064 seconds)

Delhi Transport Corporation Vs. Harbans Kaur and ors.

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. .....

Ram Kishore Vs. Municipal Corporation of Delhi

Court : Delhi

Reported in : 2007(97)DRJ445

..... it was argued that the fall of the clock tower was due to an inevitable accident which could not have been prevented by the exercise of reasonable care or caution. ..... 693):the principal function of the maxim is to prevent injustice, which would result if a plaintiff were invariably compelled to prove the precise cause of the accident and the defendant responsible for it even when the facts bearing on these matters are at the outset unknown to him and often within the knowledge of the defendant.the plaintiff merely proves a result, not .....

Container Corporation of India vs.united India Insurance Co. Ltd. And ...

Court : Delhi

..... it was further held that an act of god does not take in any and every inevitable accident and that only those acts which can be traced to natural causes as opposed to human agency would be said to be an act of god. ..... of such consignment or the whole of any package forming part of such consignment is not delivered to the consignee or the endorsee and such non-delivery is not proved by the railway administration to have been due to fire or to any accident to the train; or rfa no.398/2006 page 6 of 20 (b) where in respect of any such consignment or of any package forming part of such consignment which had been so covered or protected that the covering or protection was not readily removable .....

Lucknow Medical Agencies vs.arjun Lal & Ors.

Court : Delhi

..... the fire that broke out on the night of 27.04.1995 at shop no.60-60a, lajpat nagar, new delhi was an inevitable accident not capable of being avoided by the exercise of ordinary care and caution and certainly it was not caused intentionally by the defendant no.1. .....

Dhl Express (P.) Ltd. Vs.m/s Enchante Jewellery Pvt. Ltd.

Court : Delhi

..... . it was further held that an act of god does not take in any and every inevitable accident and that only those acts which can be traced to natural causes as opposed to human agency would be said to be an rfa no.113/2019 page 13 of 17 act of god .....

Sanjeev Nanda Vs. the State

Court : Delhi

Reported in : 160(2009)DLT775

..... pw-2 who could be the only eye witness to the exact circumstances leading to the accident, once having said to the police officials of pcr van that he was not aware of anything about the accident, inevitably leads to the only conclusion, that he could not see the accident either due to the presence of the fog or on account of the impact of ..... 2007 to effectively deal with this growing menace of drunken driving, and in the absence of any proper legislation in the place, neither the prosecution nor the courts should venture to convert the accident cases resulting into deaths from section 304a of ipc to section 304(1) or (ii) of ipc unless the fact situation clearly proves intention or knowledge on the part of the accused as held ..... whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.the above exception is subject to the following provisos -firstly -that the provocation is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person.secondly- ..... first and foremost duty of the court was to critically examine the credibility and the reliability of the said witness so far his claim of personal presence at the time of the accident was concerned, and then the question of his corroboration with the scene of the crime as disclosed in the site plan or his corroboration with the other witnesses could have been .....

Vidya Wati and ors. Vs. Himachal Government Transport and ors.

Court : Delhi

Reported in : 7(1971)DLT39

..... (2) the tribunal did not assess the compensation which could be be awarded to the appellant because he came to the conclusion that nature was responsible for the accident which could not be said to be on account of any error on the part of the driver of the bus (3) on behalf of the respondents two preliminary objections have ..... on the other hand, the respondents have pleaded that the accident was inevitable and not due to the negligence or any fault of the owner or of ..... the parties before it adecision which decides that no amount of compensation is payable because the condition precedent necessary for the determination of compensation by reason of the fact that the driver of a particular motor vehicle involved in an accident was not negligent is still a final decision of the tribunal and, thereforee, an award as contemplated by section 110-d of the act. ..... was the accident caused inevitable and not due to the negligence or fault of the owner or its employee if so, its effect ..... view there is sufficient evidence on the record to show that the driver of the bus did not take that amount of care which he was bound to take and that the accident was caused not due to any natural course but due to the negligence of the driver. ..... next question is whether the claims tribunal was justified in coming to the conclusion that the appellants had failed to prove negligence on the part of the respondents and that the accident was the result of natural circumstances some more facts may here be stated. .....

Smt. Nirmala Sharma, Etc. Vs. Raja Ram

Court : Delhi

Reported in : AIR1982Delhi233; 21(1982)DLT87; ILR1982Delhi75

..... it may be 20-25 paces, that there was no diversion on the road, that the deceased was just in the centre of the crossing when the accident took place, that he was at a distance of about 20 to 25 yards from the place of the accident, that the front centre of the bumper of the bus came in contract with the motor cycle, that the bus did not run over the deceased ..... has deposed that he had a dry-cleaning shop in east patel nagar, new delhi that he was standing near the nullah market on the date of the accident, that the motor cycle had gone into the crossing one or two paces when the front side of the bus hit the rear wheel of the motor cycle which ..... learned counsel for the appellants contends that the deceased was not negligent at all, that the bus driver was solely responsible for the accident and the death of satish chander sharma on account of rash and negligent driving, that the tribunal erred in making deduction on account of life insurance money as the said ..... the motor cyclist he applied brakes but because of the short distance between the bus and the motor cycle the accident became inevitable and that the accident was wholly due to the negligence of the deceased.4. ..... 29 west patel nagar and going to his shop situate in between blocks 25, 26 and 32 and 34 that there were 5--7 passengers in the bus at the time of accident, that the bus was at a distance of 10 paces before the centre of the crossing, that the motor cycle was dragged up to a distance of 10 paces and then stopped with .....

Mohinder Kumar Vs. Devi and ors.

Court : Delhi

Reported in : ILR1989Delhi298

..... 'the tribunal further felt that this was a case where the doctrine of reships liquated would apply as the appellant had admitted the factual position and the fact that the accident was inevitable or unavoidable was a matter, the burden of proof of which on the circumstances of this case would shift to the appellant. ..... 2899/89 for allowing him to place on record the certified copy of the judgment of the criminal court dated 17th of december 1976 by which the accused was acquitted in the criminal case in respect of this accident after the criminal court held that the fact of rash and negligent driving was not proved.i allow the application. ..... kaul submitted that the motor vehicles act, in so far as the claims arising out of the accidents are concerned, is a piece of welfare legislation and must be liberally construed in favor of the third parties. ..... but having failed to appear in the witness box it must be presumed that the accident took place in a manner different than the one suggested by the appellant. ..... kaul urged that the tribunal was in error in holding that the accident took place as a result of rash and negligent driving of the offending car by the appellant. ..... the driver and the owner of the car had denied that the accident took place as a result of rash and negligent driving by the appellant. ..... i would, on the facts and circumstances of this case, thereforee, concur with the finding of the tribunal that the accident occurred due to rash and negligence driving by the appellant. .....

New India Assurance Co. Ltd. Vs. Sunil Kumar and ors.

Court : Delhi

Reported in : II(1995)ACC699

..... 2 to prove as to how he was not negligent to the accident and as to how the accident was inevitable and beyond his control. ..... it was alleged that the tanker came at such high speed that its driver could not control it even after the impact and stopped it at some distance from the place of the accident and the respondent received multiple injuries on his body and his left hand received long and deep cut injuries. ..... the respondent-claimant has filed his cross objections and it is strongly contended that the accident was caused by the tanker by coming on the wrong side and the respondent passed through a trauma as a result of the accident, he was treated in hospital for three days and suffered injuries including multiple abrasions and lacerated wounds ..... 10,000/- which was awarded to the respondent on account of damage caused to the car in accident was held payable jointly and severally on the part of appellant and other respondents.4. ..... the respondent-claimant was held to be the owner of the car as on the date of accident and accordingly entitled to file the compensation application in respect of damage to the car. ..... the tribunal on the basis of the evidence held that the accident was caused due to rash and negligent driving on the part of respondent no. 2.3 ..... whether the accident took place due to the contributory negligence of the petitioner, if so, its effect?4 ..... the factum of accident was admitted but it was denied that it was due to rash and negligent driving on the part of respondent no. 2 .....