Judgment Search Results Home > Cases Phrase: inevitable accident Court: kerala Page 1 of about 643 results (0.030 seconds)

Neeli and ors. Vs. Padmanabha Pillai Narayana Pillai and ors.

Court : Kerala

Reported in : 1993ACJ188; [1993]77CompCas62(Ker)

..... 1977, page 8) :' it was felt to be in' the better interest of an advancing economy to subordinate security of individuals, who happened to be causalties of the new machine age, rather than fetter enterprise by loading it with the cost of 'inevitable' accidents.'13. ..... atiyah, referring to the thalidomide cases in england which could not be settled even after ten years, pithily observed (see his book, accidents, compensation and the law, 1975, page 1973) :'a system which takes longer to decide whether to compensate a few hundred thalidomide children than it took to fight a world war stands ..... then comes the further contention that the words 'has resulted' in section 92a(1) are intended to refer to accidents which have occurred prior to october 1, 1982, and that the words ' has been' in section 92a(3) are intended to refer to claims pending on date ..... to be noted that the paucity of evidence in a tort action in regard to the time and place of the accident is likely to create a situation where, as dean wright said (quoted by chief justice of ontario at page 310 ..... 128, where the words 'arising out of' were construed as applicable to accidents occurring before the 1956 amendment because the said amendment was adjectival or procedural ..... vilasini's case [1988] 1 klt 915, had taken the view that section 92a of the motor vehicles act, 1939, is retrospective in application and was applicable to cases of accidents occurring prior to october 1, 1982, the date on which section 92a came into force. .....

R.R.N. Ramalinga Nadar Vs. V. Narayana Reddiar

Court : Kerala

Reported in : AIR1971Ker197

..... 's enemies.it is finally urged before me by learnedcounsel for the defendant, that the exception applies to the case before me as,according to counsel, any event beyondthe control of the defendant, any circumstance not of his creation, must betaken to be an inevitable accident, and.that according to him, is synonymouswith what is 'generally understood as vismajor or act of god.15. ..... matters which are not within the power of any party to prevent, is, according to learned counsel, inevitable accidents so far as he is concerned and consequently it is to be considered as acts of god. ..... pittard, that all causes of inevitable accident--' 'fortuitus' -- may be divided into two classes -- those which are occasioned by the elementary forces of nature unconnected with the agency of man or other cause, and those which have their origin either in the whole or in ..... what is urged in this case is that all inevitable accidents must be taken as acts of god. ..... it also remains to be considered whether inevitable accidents caused not by forces of nature but by human agency could be classed as acts of god.5. ..... they are, in a sense, inevitable accidents beyond the control of man. ..... it is obvious that it would be altogether incongruous to apply the term 'act of god' to the latter class of inevitable accident. ..... but the plaintiff's case is that a common carrier, which the defendant is cannot disown liability for loss caused by inevitable accidents. ..... it may be that in either of these cases accidents may be inevitable. .....

Venugopala Panicker Vs. Unnikrishna Panicker

Court : Kerala

..... to succeed in such a defence the opposite party will m.a.c.a.nos.63 & 351/13 -13- have to establish that the cause of the accident could not have been avoided by exercise of ordinary care and caution "to establish a defence of inevitable accident the defendant must either show what caused the accident and that the result was inevitable, or he must show all possible causes, one or more of which produced the effect, and with regard to each of such possible causes he must show ..... the apex court, rejecting the defence of inevitable accident pleaded by the opposite parties, held that to establish a defence of inevitable accident the opposite parties will have to prove that the cause of the accident could not have been avoided by exercise of ordinary care and ..... may at once be stated that though the opposite parties had pleaded that this is a case of inevitable accident they have not lead any evidence to establish their plea. ..... though the opposite parties had pleaded that it is a case of inevitable accident m.a.c.a.nos.63 & 351/13 -12- they had not lead any evidence to establish such a ..... the case on hand, no attempt was made by the respondents to raise a specific plea of inevitable accident before the tribunal. ..... burden rests on the opposite party to prove the inevitable accident. ..... pw1 and found on the evidence that it cannot help concluding that the dashing of the car against the tree was most violent and that it was for the respondents to establish that it was a case of inevitable accident. .....

New India Assurance Co. Ltd. Vs. Pandyat Kuniyil Pushpavally and ors.

Court : Kerala

Reported in : 1996ACJ665

..... it is clear that the contesting respondents have not even attempted to prove the specific case put forward by them that the accident was an inevitable accident. ..... apart from challenging the findings regarding negligence of the driver of the insured vehicle involved in the accident and the quantum of compensation entered by the tribunal, the appellant has raised a contention that its liability under the policy is only up to ..... contended that the accident was an inevitable one. ..... the circumstances, we find no reason to interfere with the finding of the claims tribunal that the accident had occurred due to the rash and negligent driving of the lorry by its driver.6. ..... tribunal also observed that nothing was suggested in cross-examination by way of challenge against pw 2's version that the accident happened due to the rash and negligent driving of the lorry by its driver, respondent no. ..... raising proper contentions and establishing such contentions by adducing necessary evidence in view of the fact that neither the claimants nor the owner have disclosed the policy particulars of the vehicle involved in the accident either voluntarily or in response to the application filed by the appellant before the tribunal as i.a. no. ..... a-5, plan of the place of accident, the tribunal came to the conclusion that the accident occurred due to rash and negligent driving of the lorry by its ..... claimants alleged that the accident occurred solely due to the rash and negligent driving of the lorry by respondent .....

The New India Assurance Co. Ltd. Vs. Mrs. Pandyat Kuniyil Pushpavally ...

Court : Kerala

Reported in : I(1996)ACC366

..... is clear that the contesting respondents have not even attempted to prove the specific case put forward by them that the accident was an inevitable accident. ..... of 1985 calling upon the appellant to produce the copy of the policy of the vehicle involved in the accident giving the policy number as 4226606096 4226606096 and stating that he has lost the original policy issued to him. ..... apart from challenging the findings regarding negligence of the driver of the insured vehicle involved in the accident and the quantum of compensation entered by the tribunal, the appellant has raised a contention that its liability under the policy is only upto ..... contended that the accident was an inevitable one. ..... raising proper contentions and establishing such contentions by adducing necessary evidence in view of the fact that neither the claimants nor the owner have disclosed the policy particulars of the vehicle involved in the accident either voluntarily or in response to the application filed by the appellant before the tribunal as i.a. no. ..... the circumstances, we find no reason to interfere with the finding of he tribunal that the accident was occurred due to the rash and negligent driving of the lorry by its driver.6. ..... a5 plan of the place of accident, the tribunal came to the conclusion that the accident occurred due to the rash and negligent driving of the lorry by its ..... claimants alleged that the accident occurred solely due to the rash and negligent driving of the lorry by the 7th respondent, the .....

New India Assurance Co. Ltd. Vs. Susamma Varghese

Court : Kerala

Reported in : 1990ACJ521

..... the probabilities are that it was an inevitable accident resulting from water on the road. ..... there is nothing for the insurer to indemnify if the claimant's husband was not driving the vehicle in a rash or negligent manner and if the accident was an inevitable or an unavoidable one, there cannot be a claim under the law of torts in india and a claim cannot be put forward under section 110-a of the motor vehicles act.7 ..... in order that a claimant be entitled to compensation under the provisions of the act, it must be established that the accident was caused on account of rash and negligent driving of the driver of the vehicle involved in the case. ..... if the claimant's husband was guilty of rash and negligent driving and such driving caused the accident, his widow who is his representative cannot put forward a claim against the insurer. ..... the principle behind the contract of indemnity is that where the owner of a motor vehicle is compelled to pay compensation to persons who suffered injury or damage on account of an accident involving the vehicle, the insurer will indemnify the owner. ..... at any rate no party has a case that the accident was the result of rash and negligent driving by the owner- ..... the claim application merely describes it as an accident without averring that the accident took place on account of rashness or negligence in ..... she filed a claim petition before the motor accidents claims tribunal, trivandrum, under section 110-a of the motor vehicles act claiming compensation of rs .....

Collis Line Private Ltd. Vs. New India Assurance Co. Ltd. and anr.

Court : Kerala

Reported in : AIR1982Ker127

..... 'perils of the sea,' whether understood in its most limited sense, as importing a loss by natural accidents peculiar to that element, or whether understood in its more extended sense, as including inevitable accidents occurring upon that element, must still, in either case, be understood to include such losses only to the goods on board as are of an extraordinary nature or arise from some irresistible force, or from inevitable accident, or from some overwhelming power, which cannot be guarded against by the ordinary exertion of human skill ..... regarding the immunity under article iv rule 2 (c) the words 'perils, dangers and accidents of the sea or other navigable waters' mean perils or dangers or accidents peculiar to sea or navigable waters which could not have been reasonably foreseen and guarded against by ordinary skill and prudence by the carrier or his agents or servants. ..... in the circumstances the carrier has not established that the loss arose from any peril, danger or accident of the sea or navigable waters.12. ..... to come within the exception it must be a peril or danger of a character to which a marine adventure is inevitably subject. ..... (c) perils, dangers and accidents of the sea or other navigable waters: ....'8. ..... whether the accident was caused by peril such as storm, cyclone or tempest, we do not know. .....

Oriental Insurance Co. Ltd. Vs. Mother Superior, S.H. Convent and ors.

Court : Kerala

Reported in : II(1994)ACC462; 1994ACJ673

..... the allegation of negligence of the 2nd respondent was denied and it was contended that the deceased died as a result of an inevitable accident. ..... under section 110-a of the motor vehicles act where death has resulted from the accident, an application for compensation may be made by all or any of the legal representatives of the deceased. ..... rule 2(c) of kerala motor accidents claims tribunal rules, 1977, defines 'legal representative' as follows:2(c) 'legal representative' means a person who in law is entitled to inherit the estate of the deceased if he had left any estate at the time of his death, and also ..... the accident occurred on 3.6.1988 when a jeep bearing no. ..... sister claramma, who was a member of that holy order, in a motor traffic accident. .....

United India Insurance Company Limited Vs. Anil Kumar

Court : Kerala

..... event of death of a victim of a motor accident and the consequent harm caused to his dependents, the question whether the person responsible for the action causing harm had committed a fault or it was an inevitable accident, is hardly relevant from the point of view ..... of the act and in such a situation, whether there is violation of the policy conditions or not, whether the policy issued is only an act only policy or not, whether a motor accident has occurred or not, once it is admitted by the insurer that it has issued a policy with respect to the vehicle allegedly involved, it would be liable to pay compensation. ..... in force or instrument having the force of law, the owner of the motor vehicle of the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the second schedule, to the legal heirs or the victim, as the case may be. ..... (1) is only to the extent of making the owner or insurer of the vehicle liable to pay compensation, in the case of death or permanent disablement due to accident arising out of the use of motor vehicle as indicated in the second schedule no matter, what would be the compensation payable as per any other provision in the m.v act or ..... for example, if the owner of the vehicle insures the vehicle by paying additional premium, as personal accident coverage, then by virtue of the terms of contract of insurance, the insurer would be liable to .....

P.K. Sasidharan Vs. T.D. Natesan

Court : Kerala

..... on the other hand, the learned counsel for the insurance company submitted that even going by the evidence of pw1, the injured, no negligence is made out and it is an inevitable accident and so the tribunal was perfectly justified in m.a.c.a.1151/09 - :3. ..... the appellant filed application for compensation before the tribunal for the injuries and consequential disability sustained by him in a motor vehicle accident caused on account of the negligent driving of the scooter, in which, he was travelling as a pillion rider, driven by the 2nd respondent, owned by the 1st respondent and insured with the 3rd respondent. ..... it is true that pw1 had stated before the court below that the accident occurred when the rider of the scooter applied sudden brake while a pedestrian crossed the road suddenly and due to that, he was thrown away from the vehicle and sustained injuries. ..... (m.v).no.1994/2000 on the file of the motor accidents claims tribunal, ernakulam, is the appellant herein. ..... smt.s.jayasree this motor accident claims appeal having been finally heard on 24-07-2013, the court on the same day delivered the following: s.siri jagan & k.ramakrishnan, jj.================== m.a.c.a.no. ..... we hold that the accident occurred due to negligent driving of the vehicle by the 2nd respondent.7. ..... it is an admitted fact that when the appellant was travelling in the scooter driven by the 2nd respondent as a pillion rider, the accident occurred. .....