Judgment Search Results Home > Cases Phrase: inevitable accident Page 11 of about 26,718 results (0.016 seconds)

Williams (A.P.) Vs. Williams (A.P.)

Court : House of Lords

..... be an excuse for conduct either positive or negative it must in my opinion be a complete answer just as inevitable accident must be an answer. ..... through insanity of the nature and quality of his acts it would be a defence to the petition, and he added that if for such a purpose the first of the m'naghten rules had been invoked it was inevitable and logical that the second rule should also be available, that is to say, that even if the spouse charged did know the nature and quality of his acts he would have a defence if, through insanity, he ..... in other words, as i venture to think, it is impossible to stop at cases of insanity; and when questions of cruelty arise problems of the kind which i have mentioned will inevitably also arise, thereby adding to the law not only an altogether undesirable refinement but also a departure, as i think, from the ordinary sense and meaning of the language which parliament has ..... it is also true to say that if the purely objective test be taken there will inevitably be created a wide divergence between the law of england and the law of scotland upon this matter, as the latter ..... the case and the arguments presented to your lordships' house have inevitably raised the general and important questionto what extent is insanity an answer to a plea of cruelty in ..... i observe at once that there is therefore inevitably involved the case, which must indeed be common if perhaps not the most common of all cases, where the conduct is founded not on delight in the pain .....

Sun Printing and Publishing Ass'n Vs. Moore

Court : US Supreme Court

..... 750, holding that an agreement to keep the property in repair created a binding obligation to rebuild and restore the property, even though its destruction had been caused by inevitable accident. ..... 330 ): "the complainant's common law responsibility as bailee exempted him from liability for loss of the consigned goods arising from inevitable accident. ..... such would have been its inevitable result, as it would have reduced the sum due for the default in not returning the ship, by crediting the hirer with the amount of the hire he had paid without default on an independent and distinct liability. .....

Perumal and ors. Vs. G. Ellusamy Reddiar and anr.

Court : Chennai

Reported in : (1974)1MLJ292

..... respondents contested the petition and the tribunal came to the conclusion that the accident was not due to any negligence or rashness on the part of the dirver of the lorry, that it was an inevitable accident due to an unforeseen mechanical defect and that therefore the claimants are not ..... if one has necessarily to look to the law of torts, then it must be remembered that before the coining into force of the legal representatives suits' act, 1855 (xii of 1855) and the indian fatal accidents act (xiii of 1855) under the maxim of actio personalis moritur cum persona, no action could be maintained by any one in respect of the death of a person, even though the death bad been caused ..... that as section 110-b of the act speaks of the tribunal making 'an award determining the amount of compensation which appears to it to be just', the powers of the tribunal are independent of the provisions of the fatal accidents act (as well as that under the legal representatives' suits act) and that therefore the provisions of the act must be construed as substantive provisions and not merely procedural in character. ..... estate of the deceased' (which at times is called 'loss of estate'), damages towards pain and suffering, loss of earnings and other damages actually suffered by the victim between the date of the accident and the moment of death, damages towards loss of personal property and damages for loss of expectation of life may be awarded (vide halsbury's laws of england, volume 28, page 100). .....

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 .....

The Oriental Insurance Co. Ltd. Now Rep. by Its Regional Manager the O ...

Court : Karnataka

Reported in : 2009(4)KarLJ121:2009(1)KCCR734:2009(3)AIRKarR412:AIR2009NOC1720(D.B

..... instance, when a stray animal comes in the way of the vehicle and so as to avoid hitting the said animal and inevitable accident occurs. ..... where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or , as the case may be, the owners of the vehicles shall, jointly and severally be liable to pay compensation in respect of such ..... or in any other law 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 m the second schedule, to the legal heirs or the victim, as the case may be.section 140: liability to pay compensation in certain cases on the principle of no fault-(1) ..... , the decision of the division bench of this court in appaji's case is applicable to a situation where there is no other tort feasor and that the injured/claimant or the deceased was solely responsible in causing the accident though the hon'ble supreme court has opined that section 163-a of the act covers case where even negligence is on the part of the victim and is by way of exception to section 166 of the act, the .....

K. Narayana Reddiar Vs. P. Venugopala Reddiar

Court : Andhra Pradesh

Reported in : AIR1976AP184

..... it was submitted that it was either due to a manufacturing defect or it was, at any rate, an inevitable accident which could not be foreseen and which could not be attributed to any negligence on the part of the owner ..... is contented on behalf of the claimant that once we arrive at the conclusion that there was no defect in the manufacture of the stub axle it would follow that the accident was due to the negligence of the owner or the driver having regard to the principle res ipsa loquitur in the absence of any other explanation on the part of the ..... the principles enunciated in the above decisions to the present case it is seen that the vehicle was in the complete control of the appellant and as the accident of this nature does not happen in the ordinary course, it affords reasonable evidence in the absence of explanation by the defendant that it arose for want ..... it was submitted that as the vehicle was under the sole control of the appellant and its driver and as the accident admittedly took place due to the breakage of the stub axle and as there is no other explanation for that breakage it has to be concluded that the breakage of the axle was due to the negligence of ..... veluswami, : [1962]1scr929 (supra) where it was held that in awarding damages under sections 1 and 2 of the fatal accidents act, there shall not be duplication of the same claims, and that if any part of the compensation representing the loss to the estate goes into the calculation of the personal loss under section .....

United India Fire and General Insurance Co. Ltd. Vs. Malla Rama Devi a ...

Court : Andhra Pradesh

Reported in : [1983]53CompCas362(AP)

..... other words, the theory of inevitable accident is invoked by the appellant ..... thus dispenses with the initial onus of proof cast upon the claimants and the burden of proof is shifted to the owner and the driver of the vehicle to establish that the accident occurred without any fault on their part and that despite all reasonable care taken by them the latent defect could not be discovered. ..... may cause hardship to the claimant, because it may be that the true cause of the accident is not known to the claimant and is within the exclusive knowledge of those sought to be mulcted with damages or it may be that the accident took place-in such circumstances as to render it practically impossible for any one to speak to its happening just like in a case of a sudden accident on a highway where there are no witnesses or where persons who could speak to the occurrence ..... is no pleading in the counter filed by the owner of the vehicle as to the condition of the tyre which burst, but also no evidence was let in to establish that the tyre, that led to the accident, was in a perfect condition to be used and that the tyre was being checked or examined at regular intervals.7. ..... tribunal is erroneous and unsustainable, that proof of negligence is necessary before the owner of a vehicle or the insurance company, with which the vehicle is insured, can be held to be liable for the payment of compensation in a motor accident claim case and that it is so held by their lordships of the supreme court in minu b. .....

National Insurance Co. Ltd. Vs. Swaran Singh and ors.

Court : Supreme Court of India

Reported in : I(2004)ACC1; 2004ACJ1; AIR2004SC1531; 2004(2)ALD36(SC); 2004(2)AWC1589(SC); 2004(1)BLJR725; [2004]118CompCas396(SC); 109(2004)DLT304(SC); 2004(72)DRJ555; (2004)2GLR989; (2004)3SCC297

..... the danger of construing that term as if it were equivalent to 'inevitable accident. ..... the person or persons to whom compensation shall be paid and in making the award the claims tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be;provided that where such application makes a claim for compensation under section 140 in respect of the death or permanent disablement of any person, such claim and ..... thus, a person whose licence is ordinarily renewed in terms of the motor vehicles act and the rules framed thereunder despite the fact that during the interregnum period, namely, when the accident took place and the date of expiry of the licence, he did not have a valid licence, he could during the prescribed period apply for renewal thereof and could obtain the same ..... in a case where the person who has got insured the vehicle with the insurance company, has appointed a duly licensed driver and if the accident takes place when the vehicle is being driven by a person not duly licensed on the basis of the authority of the driver duly authorised to drive the vehicle whether the insurance company in that event ..... that the extra passengers being carried in the goods vehicle could not have contributed, in any manner, to the occurring of the accident, was barely noticed and rejected sans any plausible account; even when the claim confining the damage to the vehicle only was limited .....

The Oriental Insurance Co. Ltd. Etc. Vs. Hansrajbhai V.Kodala and ors. ...

Court : Supreme Court of India

Reported in : I(2001)ACC618; 2001ACJ827; AIR2001SC1832; 2001(3)ALT34(SC); [2001]105CompCas743(SC); (2001)3GLR2156; JT2001(4)SC477; 2001(2)KLT235(SC); (2001)2MLJ180(SC); RLW2001(2)SC231;

..... 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 ..... involved, the scheme for payment of compensation under the act can be divided as under:- (i) section 140--for no-fault liability in case of death or disablement; (ii) section 161--in case of hit and run motor accidents, where the identity of the vehicle cannot be ascertained--compensation amount is rs.25000/- in case of death and rs.12500/- in case of grievous hurt; (iii) section 163a--special provisions as to payment of compensation on ..... in its 119th report in the introductory chapter observed [para 1.6] that previously there was recommendation for inserting provision in the motor vehicles act to extend protection to victims of 'hit and run' accidents where the person liable to pay such compensation or his whereabouts cannot be ascertained after reasonable effort by providing that in such an event, the person entitled to such compensation shall be entitled to ..... this section, section 162 and section 163--(a) 'grievous hurt' shall have the same meaning as in the indian penal code, 1860 (45 of 1860); (b) 'hit and run motor accident' means an accident arising out of the use of a motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose; (c) 'scheme' means the .....

Oriental Insurance Co. Ltd. Vs. Chintharbhai Sibabhai, Guardian of Min ...

Court : Gujarat

Reported in : 2003ACJ839; (2004)3GLR2018

..... in the 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 victim ..... of sub-sections (1) and (2) of section 163a 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 required ..... the owner of the motor vehicle or the authorised insurer shall be liable to pay in case of death or permanent disability on account of 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 ..... application at exh.172 was not filed by the claimants for compensation, the tribunal was empowered to treat the report of the accident under section 158(6) of the act as an application for compensation and proceed suo motu to determine the amount of compensation payable ..... 's report came in the wake of the recommendation made by the apex court that the compensation for motor vehicle accidents should be on no fault basis and the determination of the quantum must be liberal, since law values life and .....