Judgment Search Results Home > Cases Phrase: inevitable accident Court: kolkata Page 1 of about 767 results (0.020 seconds)

National Shipping Co. Vs. Haripada Saha and anr.

Court : Kolkata

Reported in : AIR1958Cal597

..... defence denial of rashness and negligence on the part of the serang of uma and also the pleas of inevitable accident and contributory negligence and held that the sinking of the country boat was due to the rash and negligent act on the part of the said serang in the matter of driving of the motor launch uma and was not the result of either inevitable accident or any contributory negligence on the part of the people in the country boat. ..... also took the common plea of contributory negligence and inevitable accident and denied the quantum of damage claimed. ..... us, the quantum of damages, as found by the learned subordinate judge, has not been challenged nor has the plea of inevitable accident been repeated. ..... but the possibility of this difference in the ultimate result was foreseen and recognised in the mersey docks case (a) and, indeed, it follows inevitably from the statement of the principle itself and inherent in that statement and the seat of the 'effective control' which is the key-note of the principle and its essential ingredient has to be found on the ..... in the present case the accident happened because of the negligent way in which the crane driver worked his crane, and since the respondent company (coggins and griffiths) had no control over how he worked it, as distinguished from telling him what ..... if an accident then occurred through his negligence, that was because they had chosen him for the task, and they cannot escape liability by saying that they were careful in their .....

Sm. Madhuri Chaudhuri and ors. Vs. Indian Airlines Corporation

Court : Kolkata

Reported in : AIR1962Cal544

..... it was a case of inevitable accident which could not be foreseen and/or avoided by exercise of any amount of skill, care and precaution ..... of proof of which the essence was that an event which, in the ordinary course of things, was more likely than not to have been caused by negligence was by itself evidence of negligence, depended on the absence of explanation of an accident, but, although it was the duty of the respondents to give an adequate explanation, if the facts were sufficiently known the question ceased to be one where the facts spoke for themselves, and the solution must be found ..... paragraph 11 of the written statement, facts have been stated in support of the case of inevitable accident. ..... under the aircraft act read as follows: '(6) the court shall make a report to the central government stating its finding as to the causes of the accident and the circumstances' thereof and adding any observations and recommendations which the court thinks fit to make with a view to the preservation of life and avoidance of similar accidents in future, including, a recommendation for the cancellation, suspension or endorsement of any licence or certificate issued under these rules. ..... carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking. 20 (1). .....

Calcutta State Transport Corporation, Calcutta Vs. Kamal Prakash De

Court : Kolkata

Reported in : AIR1976Cal2

..... . 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 ..... plea of inevitable accident can ..... 1, who is the tyre examiner of calcutta state transport corporation, howrah depot, and other documentaryevidence, came to the conclusion that the accident in question had happened due to lack of proper maintenance of the bus and as such the said issue was decided in ..... case contended that the doctrine of res ipsa loquitur could not be applied, it has been held in that case that the doctrine of res ipsa loquitur only means that an accident by its nature be more consistent with its being caused by negligence for which the defendant is responsible than by other causes ..... . 3,000 the respondent was required to spend another sum of rs 4,000 on account of his sufferings due to the accident, which sum was received by him in the shape of help, assistance and charities from others and it is of immaterial consideration in the facts of the case whether such amount was repaid or even ..... appeals were preferred from two applications, one by the husband and the other by the wife, for the recovery of compensation based on the same accident, when the bus in question knocked down both of them causing serious injuries ..... . in that case the question of rash and negligent driving resulting in accident and the manner of proof thereof, the presumption of negligence and the applicability of the doctrine of res ipsa .....

Great Ocean Enterprise S. a and anr. Vs. the Owners and Parties Intere ...

Court : Kolkata

..... the burden of inevitable accident is to be discharged by the plaintiff and from a reading of the particulars of the defendants negligent and wrongful acts, nowhere has inevitable accident been pleaded. ..... nowhere has it been pleaded that it was not an inevitable accident. ..... nowhere has it been pleaded that the time was insufficient to prevent collision or that the collision was inevitable. ..... june, 2010 is more contemporaneous to the incident, therefore, prima facie the facts stated therein ought to be accepted at this stage and on an analysis of the said statement of facts the collision was not one that was inevitable. .....

R. S. N. Co. Ltd. and I. G. N. and Ry. Co. Ltd. Vs. Ram Kanai Madhab C ...

Court : Kolkata

Reported in : AIR1936Cal152

..... the evidence in the case establishes that there was negligence on the part of the serang, that the collision was not an inevitable accident, inasmuch as he could have but had not seen the boat with which the steamer collided when it was at a distance of 300 feet from the prow of the steamer; that a competent ..... the defendant has to prove that the collision was due to inevitable accident not arising from negligent navigation: see the annot lyle (1886) ..... but the proposition is well established that the plaintiff may have been guilty of negligence, and although that negligence, may, in part, have contributed to the accident, yet if the defendants could by exercise of ordinary care and diligence have avoided the mischief which happened, the plaintiffs' negligence will not excuse him: see radly v. l ..... dunn, the marine assistant of the defendants at the time of the accident, and who was on board the steamer at the time, deposed to these facts: there was no fog ..... correct for anybody to say that at that time of accident there was fog. ..... whether the accident was due to narain majhi keeping his boat in the deep navigable channel and not exhibiting any light ..... whether the accident was due to any negligence or rashness on the part of the master and senior serang of section section brahmin ..... about the proposition that the plaintiff in an action for negligence cannot succeed if it is found that he himself has been guilty of negligence or want of ordinary care which contributed to cause an accident. .....

India General Navigation and Railway Co. Ltd. Vs. the Eastern Assam Co ...

Court : Kolkata

Reported in : AIR1921Cal315,61Ind.Cas.14

..... 148 : 'inevitable accident is that which a party charged with an offence could not possibly prevent by the exercise of ordinary care, caution and maritime skill. ..... this is not a case of inevitable accident, for, as dr. ..... it is not enough to show that the accident could not be prevented by the party at the very moment it occurred, but the question is, what previous measures have been adopted to render the occurrence of it less probable'. ..... to observe that a negligent act may be the effective cause of an injury, though it may rot be proximate in time, if it is the particular incident in a chain of events, which has in fact led to the injury, that, is, if it is the real cause of a subsequent accident. .....

E.V. Penheiro Vs. M. Minney

Court : Kolkata

Reported in : AIR1934Cal655

..... (7) was the collision due to inevitable accident? ..... counsel for the defendant argued that in the case of europeans and eurasians a suit under the fatal accidents act (act 13 of 1855) could only be brought by his executor or his administrator and the word 'representative' in the act had no application to such persons but was used only with reference to hindus and mahomedans ..... the spot where the man was knocked down and the position in which the car was found after the accident shows that the account given by the defendant and his witnesses is the correct account.7. ..... in my view a plaint in a suit under the fatal accidents act has to be very carefully drawn and should give full particulars of the person or persons for whom or on whose behalf the action has been brought and of the nature of the claim in respect of which ..... in my view, in the circumstances of the case the accident was unavoidable and no blame can attach to the driver of the ..... prepared by him of that portion of bentinck street where the accident took place, and its surroundings. ..... he alleged that the accident was not caused or occasioned by any of the acts complained of but arose from in evitable accident and alternatively there was contributory negligence on the part of charles ..... it is curious that though the accident took place in a busy street in calcutta, and the evidence shows that there were a certain number of people about, the only two witnesses who should have come forward to give evidence in support of the plaintiff .....

Mati Lal Daga and ors. Vs. (Sri Sri) Iswar Radha Damodar Chandra Jew T ...

Court : Kolkata

Reported in : AIR1936Cal727

..... the defendants-appellants took as many as 21 exceptions to the report, and none of the exceptions refers to exemption from liability for loss due to sealing off of the 5 bighas on the ground that the loss was due to inevitable accident, and in the grounds of appeal to this court we find no such ground. ..... the subordinate judge should have exonerated defendants 5 to 9 from liability in damages in respect of the loss of the 5 bighas as the sealing of 5 bighas was not due to any breach of covenant by defendants 5 to 9 but was an act of god and an inevitable accident. .....

Indian Trade and General Insurance Co. Ltd. Vs. Union of India (Uoi)

Court : Kolkata

Reported in : AIR1957Cal190

..... goods had been taken by the defendant, its servants and agents, and due diligence exercised in respect of the said consignment; that the fire which had taken place was purely accidental and/or was an inevitable accident and was unforeseen and could not have been avoided by taking any reasonable precaution. ..... this document also shows that the condition of seals, rivets and/or locks was intact as at the time of the accident and under the heading 'exact remarks under which taken over unloaded appear the words-'received 61 bales partly burnt and wet, 3 bales burnt and 2 bales wrapped with gunny. .....

Bonomali Gaontia and anr. Vs. Padma Lochan Gaontia and ors.

Court : Kolkata

Reported in : 16Ind.Cas.425

..... , that a party has a vested right in an order of the court in his favour and ought not to be deprived of an advantage given to him by the order, unless there has been some conduct raising an equity against him or in a case of inevitable accident in re helsby (1894) 1 q.b. .....