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 : Madhya Pradesh
Reported in : 1997ACJ1242
..... 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, but even after exercising due attention and care the accident could not be avoided and occurred due to the latent defect of the sudden failure of the brakes.7. ..... that the appellants have failed to establish rash and negligent act of the driver and held that the accident was because of the latent mechanical defect, therefore, the appellants are not entitled to claim any compensation ..... therefore, we are of the view that the finding of the tribunal that the accident was because of mechanical breakdown cannot be sustained and we hold that the accident was caused due to rash and negligent driving of the bus as it was ..... however, at this stage, the learned counsel for the respondents submitted that the accident occurred on 11.6.1983 and application for compensation was filed on 27.10.1983 and the tribunal passed the award in the year 1989, against which the appeal was .....
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 : 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 : Madhya Pradesh
Reported in : 1(1992)ACC449
..... when it is not possible for a driver to prevent the accident by the exercise of ordinary care, caution and skill, it may be a case of an inevitable accident and it shall be open to him to plead that the cause of the accident was not absence of those, but of external human factor such as the negligence of the victim.4 ..... indeed, when the case pleaded is that the driver was not guilty of rash and negligent driving and interposition of human agency resulted in the inevitable accident, onus would lie on the driver to establish the stand taken. ..... mittal that it was a case of 'inevitable accident' and not one of rash and negligent driving of the offending vehicle ..... however, in evidence those facts are not established and it can be justifiably held that false plea of the occurrence being an 'inevitable accident' was set up. ..... in the instant case, the defence alleged three specific facts as constituting the external human factor which resulted in the accident: that the deceased was hit not by the front part of the vehicle, but by its rear part; that the deceased was negligent because he was running across the road to board a bus and he did ..... he was carried to the hospital in the same vehicle which had caused the accident and the defence is that the vehicle was not driven rashly and negligently.3. ..... construing the provisions of sections 1a and 2 of the fatal accidents act, 1855, their lordships observed that damages thereunder are not to be given as a solatium and actual pecuniary loss had to be .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1991ACJ770; AIR1991MP328; 1991(0)MPLJ784
..... when it is not possible for a driver to prevent the accident by the exercise of ordinary care, caution and skill, it may be a case of an inevitable accident and it shall be open to him to plead that the cause of the accident was not absence of those, but of external human factor, such as the negligence of ..... aforesaid, we find that there is no merit in the contention of shri mittal that it was a case of 'inevitable accident' and not one of rash and negligent driving of the offending vehicle. ..... the casepleaded is that the driver was not guilty of rash and negligent driving and interposition of human agency resulted in the inevitable accident, onus would he on the driver to establish the stand taken. ..... evidence, those facts are not established and it can be justifiably held that false plea of the occurrence being an 'inevitable accident' was set up. ..... in the instant case, the defence alleged three specific facts as constituting the external human factor which resulted in the accident that the deceased was hit not by the front part of the vehicle, but by its rear part; that the deceased was negligent because he was running across the road to board a bus and ..... was carried to hospital in the same vehicle which had caused the accident and the defence is that the vehicle was not driven rashly and ..... constraining the provisions of sections 1a and 2 of the fatal accidents act, 1855, their lordships observed that damages thereunder are not to be given as a solatium and actual pecuniary loss had to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1(1989)ACC258
..... the mishap was, therefore, said to be an inevitable accident caused by the act of the god. ..... it is worthy of note that the wires were at a considerable height from the ground and even if it was inevitable to avoid going beneath the wire the deceased should have bent low enough to avoid coming in contact with the wire. ..... in case of damages for loss of life under fatal accidents act, the actual extent of pecuniary loss to the dependent must necessarily be an estimate or even partly a conjecture. ..... the deceased could have avoided the accident had he been a little cautious. ..... 6 where it is held that no accident took place on account of the negligence of the deceased. ..... this accident took place because of the negligence and carelessness of the deceased. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995ACJ64
..... it was inevitable accident and as such the claim ought to have been rejected ..... a perusal of the evidence on record clearly goes to show that the finding arrived at by the claims tribunal with respect to the fact that the accident took place due to the rash and negligent driving is established. ..... in view of what has been said above, it is amply proved that the accident took place due to the rash and negligent driving. ..... the statements of these two witnesses do not help in arriving at a conclusion as to whether the accident took place due to rash and negligent driving. ..... the claims tribunal has given a categorical finding that the accident took place due to rash and negligent driving. ..... in order to succeed in a defence that the accident was due to mechanical defect the owner must have proved that he had taken all necessary precautions and kept the vehicle in roadworthy condition as held by the hon'ble supreme court in minu b ..... the main question is as to whether the accident took place due to rash and negligent driving of the driver or it took place as a result of failure of brakes as claimed by the state ..... the plea that the accident took place due to sudden failure of brakes cannot be accepted ..... is admitted on all hands that the accident on the date and time as claimed by the claimant did take place and suresh dheemar lost his life in the accident. ..... in fact the accident did not take place due to rash and negligent driving of the driver but it took place due to the fact that all of a sudden brakes .....
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