Judgment Search Results Home > Cases Phrase: inevitable accident Court: mumbai Page 1 of about 1,650 results (0.033 seconds)

Shakuntala Shridhar Shetty Vs. the State of Maharashtra

Court : Mumbai

Reported in : (1976)78BOMLR106

..... of inevitable accident and it is settled law that the burden rests on the defendant to show that it was an in evitable accident. ..... his theory of inevitable accident. ..... the defendant must either show what was the cause of the accident and that the result of that cause was inevitable or that he must show all possible causes and with reference to every one of such possible causes that the result could ..... the honourable high court after considering all these facts have held that the defendant was not responsible for the accident, but in act the defendant tried his best to avoid the accident and in view of the aforesaid finding, the honourable high court was pleased to acquit the defendant and, therefore ..... other witnesses for the plaintiffs are (1) sub-inspector ponkshe, who arrived at the scene of the accident after the deceased, who had been injured, had already been removed to hospital in a taxi; ..... it is to be noticed that thirteen years have already elapsed since the date of the accident and the dependents of the deceased have not received anything for all this period of time ..... babu shetty, sister's son of the deceased, who arrived at the scene of the accident almost immediately while the deceased was in an unconscious state and was still lying on ..... a perusal of the plaint clearly shows that the claim is under section 1a of the fatal accidents act, 1855, and that although section 2 of the said act provides that a claim for loss to the estate of the deceased can be inserted, such a claim has .....

Kalavati T. Sanghvi Vs. Habib Khan Yusuf Khan

Court : Mumbai

Reported in : (1976)78BOMLR528

..... have filed their writ-ten-statement, that there was oil on a considerable part of the road at the place where the incident occurred, with the result that there is reasonable scope for an explanation by way of inevitable accident in regard to the res as appearing in the pleadings themselves; and (5) the pleadings do not show any admitted spot on the road at which the incident occurred, or on which side of the road it occurred, a factor which is very important ..... ipsa loquitur is not applicable in the present case because, (1), this is what may be called a highway case, and i prefer the view taken in some of the english cases in which the maxim has not been applied to accidents on the highway in which every vehicle has to adapt its own behaviour to the behaviour of other persons using the road; (2) i also prefer the view of some english judges that when an operation is under the control ..... corporation : air1962cal544 the cases indicate that the question as to whether the maxim res ipsa loquitur applies depends on the nature of each accident, and that even on the same fact, eminent judges have differed as to whether the maxim was applicable. ..... 9' 1p 11) that the maxim res ipsa loquitur is resorted to when an accident is shown to have occurred and the cause of accident is primarily within the knowledge of the defendant, and where the accident is such as in the ordinary course of things does not happen if those who had the. .....

R. A. Arunachela Ayyar Vs. C. Subbaramiah

Court : Mumbai

Reported in : (1923)ILR46Bom60

..... there in time, 'and once the court is satisfied, as was the fact in this case, that the man did try to get there and that he would have got there in time but for the intervention of an inevitable accident for which he was in no way responsible, it is the duty of the court, in my judgment, to set aside the judgment, mulcting, in proper cases, the delinquent man in costs. .....

Shrimant Khanderao Shivajirao Gaekwar Vs. D.D. Romer

Court : Mumbai

Reported in : AIR1941Bom48; (1940)42BOMLR1024

..... require; and in the meantime, the seller, or the buyer of the lot of greatest value, as the case may be, shall keep the said documents safe, uncancelled and undefaced, unless prevented from so doing by fire or other inevitable-accident.the plain meaning of this sub-section seems to be that all documents of title which in any manner relate to the property sold must be delivered to the purchaser by the vendor. .....

M/S. Madgavkars Salvage and Towage Company Pvt., Limited Vs. United In ...

Court : Mumbai Goa

..... 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 some overwhelming power which cannot be guarded against by the ordinary exertions of human skill and ..... counsel thereafter has taken us through the relevant clause of the insurance policy and pointed out that as the appellant has established that the proximate cause of the accident was the peril of the sea water, which was covered by the insurance policy, the appellant were entitled for the amount claimed in the suit. ..... the learned counsel further pointed out that as the appellant have failed to establish that the accident had occurred on account of peril of the sea, calling upon the respondent to effect the payment of the claim does not arise ..... the learned counsel further submitted that the appellant have established that the proximate cause of the accident was on account of ingress of sea water due to the opening which resulted on account of the ..... points for determination (i) whether the appellant have established that the proximate cause of the accident was on account of the grounding of the vessel which led to ingress of sea water when the vessel was at .....

Pauline D'souza Vs. Cassamalli Jairajbhoy

Court : Mumbai

Reported in : AIR1933Bom465; (1933)35BOMLR1007; 147Ind.Cas.354

..... the defendant denies negligence, and says that the fall was due to an inevitable accident, and that he is not liable to pay any damages to the plaintiffs or ..... . it was really unfortunate that the accident led not merely to loss of property but to the loss of human life; but it was an inevitable accident which could not have been prevented by the exercise of reasonable care ..... 411 referred to before, in which the brick fell from a railway bridge built only about three years before the date of the accident, the plea of res ipsa loquitur put forward by the plaintiff was not met by any evidence on the side of the defendants at all, and one of the judges who disagreed with the majority went ..... the rule as follows:-where damage is done by the falling of objects into a highway from a building, the modern rule is that the accident, in the absence of explanation, is of itself evidence of negligence, in other words, the burden of proof is on the occupier of the ..... the first plaintiff was, therefore, not, strictly speaking, the owner at the date of the accident, and though she paid off the remaining instalments by october 18, 1926, the car had been sold off and did not belong to her at the ..... therefore, there was some evidence to go to the jury, however slight it may have been, of this accident having arisen from the negligence of the defendants; and it was incumbent on the defendants to give evidence rebutting the inference arising from the undisputed facts;...this case was confirmed in appeal ( .....

Latabai Bhagwan Kakade and ors. Vs. Mohammed Ismail Mohd. Saab Bagwan ...

Court : Mumbai

Reported in : I(2002)ACC407; II(2002)ACC742; 2002ACJ407

..... in the event of death of a victim of a motor accident and the consequent harm caused to his dependants, 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 ..... sub-sections (1) and (2) of section 163-a shows that the victim or his heirs are entitled to claim from the owners/insurance companies compensation for the death or permanent disablement suffered due to the accident arising out of the use of the motor vehicle without proof of any fault or negligence in contrast to section 166 providing for getting compensation on the basis of fault liability where the claimant is ..... driver was negligent, observed that having regard to the changed conditions of the modern society where a large number of motor vehicles were put on road thus exposing innocent third parties to grave accidents very often resulting in injuries to their lives and limbs, it was necessary in public interest to take the view that proof of negligence was unnecessary on the part of the drivers ..... for the time being in force or instrument having the force of law, the owner of the motor vehicle or 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 of the victim, as the case may be. sub-section (2) of the said section also provides .....

Ratilal M. Parikh Vs. the Dalmia Cement and Paper Marketing. Co. Ltd.

Court : Mumbai

Reported in : AIR1943Bom229; (1943)45BOMLR405

..... the case is particularly useful as regards the present case, because from the correspondence it appeared that the defendant, having repudiated liability on the ground that non-delivery was due to inevitable accident, proposed that the plaintiff should take iron of a different quality, but that this proposal came to nothing, and that after waiting sometime at the request of the defendant the plaintiff was entitled to recover damages. ..... the company will not be responsible for any non-fulfilment of contract provided however that if the goods or any portion thereof from any unavoidable cause such as, want of accommodation on railway, or steamer, strikes of operatives or carriers, accidents, mill breakdowns, or any other case of force majeure, are despatched late buyers must accept 'them when despatched.each of the indents contains this provision-we agree that prices are subject to alteration without notice .....

Burjorji Dhunjibhai Contractor Vs. Jamshed K. Irani

Court : Mumbai

Reported in : AIR1914Bom288; (1913)15BOMLR405; 20Ind.Cas.469

..... the conduct of the parties, inevitable accident etc. .....

Ladu Chimaji Vs. Babaji Khanduji

Court : Mumbai

Reported in : (1883)ILR7Bom532

..... after it has operated, the effect can be got rid of only on some special ground, such as fraud or inevitable accident, which should be the subject of a special proceeding. .....