Court : Allahabad
Reported in : 1990ACJ742
..... when confronted with the question as to how the present case could be said to be one of inevitable accidents since there was no evidence that the driver was trying to avoid a greater disaster, the learned counsel was not able to explain the same.6 ..... on the first issue the tribunal agreed with the defence pleas and came to the conclusion that it had become inevitable to take recourse to turn the vehicle towards the left in order to avoid hitting the old lady and as such there was no negligence on the part of the ..... the defence in the claim was that the driver was not guilty of rash and negligent driving and the accident took place only on account of his efforts to avoid hitting an old lady, who had suddenly tried to cross the road and in the process the wheels of the vehicle slipped and went into a ditch by ..... the question of inevitability of the accident arises in those cases where the only alternative left to the driver is to choose between greater disaster and a lesser one ..... this is a claimants' appeal against the award dated 25.7.1980 passed by the motor accidents claims tribunal (1st additional district judge), ghaziabad dismissing the petition on the ground that the driver of the vehicle was not negligent while driving the same ..... 000/- on account of the financial loss caused to them due to the accident resulting in the death of mala singh and a further sum of rs. ..... the statement of the driver it is mentioned that the accident had taken place about half a furlong before the canal. .....
Tag this Judgment!Court : Allahabad
Reported in : II(1990)ACC153
..... when confronted with the question as to how to the present case could be said to be one of inevitable accident since there was no evidence that the driver was trying to avoid a greater disaster, the learned counsel was not able to explain the same.6 ..... on the first issue the tribunal agreed with the defence pleans and came to the conclusion that it had become inevitable to take recourse to turn the vehicle towards the left in order to avoid hitting the old lady and as such there was no negligence on the art of the ..... the defence in the claim was that the driver was not guilty of rash and negligent driving and the accident took place only on account of his efforts to avoid hiting an old lady, who had suddenly tried to cross the road and in the process the wheels of the vehicle slipped and went into a ditch by ..... the question of inevitability of the accident arises in those cases where the only alternative left to the driver is to choose between greater disaster and a lesser one ..... this is a claimants' appeal against the award dated 25.7.1980 passed by the motor accident claims tribunal (i additional district judge), ghaziabad dismissing the petition on the ground that the driver of the vehicle was not negligent while driving the same ..... 000/- on account of the financial loss caused to them due to the accident resulting in the death of mala singh and a further sum of rs. ..... the statement of the driver it is mentioned that the accident had taken place about half a furlong before the canal. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000ACJ689; AIR1998Raj140; 1998(2)WLC414; 1998(1)WLN491
..... plea of sudden mechanical breakdown, sudden failure of brakes or the latent defect or inevitable accidents are special pleas within the personal knowledge of the drivers and the owners therefore ..... this court while dealing with a claim petition where a jeep skipped and fell in a ditch resulting in death of a passenger, the defence evidence adduced to the effect that the accident occurred due to break of tie-road was rejected on the ground that it was neither pleaded nor proved that jeep was regularly maintained in a road worthy condition by taking all necessary care ..... evidence to the effect that the jeep was in roadworthy condition on the ill-fated day of accident before commencement of its journey and respondents have taken all reasonable care yet defect remained hidden there was no legal justification for the claims tribunal to arrive at a finding that accident has not occurred due to rash and negligent driving of the jeep by the driver but it ..... the claimant-appellants that it was neither pleaded nor proved that the jeep in question which met with accident, causing death of dwarka prasad sharma was regularly maintained in a road worthy condition after taking all necessary ..... suffice it to observe that the claims tribunal while exercising its quasi-judicial power in determining compensation arising out of motor accidents are not justified to pick a piece of isolated statement of a witness and start placing reliance on it without reading whole of statement on oath specially on .....
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 : 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. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Orissa
Reported in : 1996ACJ302; AIR1995Ori213; 1995(I)OLR445
..... be defeated on the plea of inevitable accident. ..... liability to pay compensation in certain cases on the principle of no fault:-- (1) where the death of 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 ..... the basis of the above documents, the tribunal came to the conclusion that as death was caused due to an accident arising out of the use of a motor vehicle and the claimant being the son of deceased he was entitled to ..... disputed that the principle of no fault liability makes the owner of the vehicle liable for compensation even when the accident is not due to the fault of the owner of the vehicle and even if the accident has taken place due to the fault of the victim. ..... petition it was specifically averred that:'the deceased was travelling in the offending truck involved in the accident as a passenger from dabugaon to the papada-handi for business purpose. ..... presented a petitioner under section 92a of the motor vehicles act, 1939 (hereinafter referred to as 'the act') before the motor accident claims tribunal (s.d), berhampur, camp -- jay-pore claiming compensation amounting to rs. ..... it further held that as the vehicle which caused the accident was insured, insurance company was liable to indemnify, the insured under the policy and, accordingly, was directed to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1414; (1976)3SCC32; [1976]3SCR614; 1976(8)LC328(SC)
..... the high court held that the barge sank because of serious negligence of the railway employees and it was not a case of inevitable accident. ..... the high court found that resul, the sarang of 'chapra' was responsible for the accident because he had failed to exercise proper judgment while manoeuvring his own vessel for the purpose of heaving up the anchor of barge no ..... the high court held that it was not a case of unavoidable accident and that the barge sank because of gross negligence of railway employees and the railways did not take the amount of care which it was required to take as a bailee.14 ..... the subordinate judge dismissed all the suits and held that the accident was not because of the negligence of the railway employees.6. ..... section 83 provides that if there is any accident attended with loss of human life or grievous hurt with serious injury to property notice shall be given to various persons ..... the time of the accident was at about 2.20 p.m ..... rule 18 of the railway board rules provides that whenever an accident has occurred in the course of working a railway, the agent or manager shall cause an enquiry to be promptly made by a committee of railway officers (to be called a joint enquiry) for the thorough investigation of the cases which led to the accident. ..... 84 confers power on the central government to make rules for several purposes including the purpose of prescribing the duties of railway servants, police officers, inspectors and magistrates on the occurrence of an accident. .....
Tag this Judgment!Court : Chennai
Reported in : (1923)45MLJ849
..... 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. ..... , the next day, the delay would have been justified but he thinks that because it was not paid on the 18th owing to the accident which happened to the jutka which caused the person making the payment to be five minutes late in the bank, there was no ground for excusing the payment the very ..... no argument to say that where a man leaves in time and would in the ordinary course have reached the bank in time, he would in spite of the accident have reached before the bank was closed if he had started earlier, or if the jutka horse had run faster. ..... i have already given my reasons for holding that the accident was one which the person could not have foreseen and that there was no negligence on the part of the person making ..... there can be little doubt that if there was no accident to the horse, there would not have been a delay of five minutes on the 18th and that the money would have been received by ..... not reasonable to hold that a person is guilty of negligence when he would in the ordinary course of things, have arrived in time for payment and the delay of five minutes was due to an accident which he could by no means have foreseen. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1924Mad324; 79Ind.Cas.651
..... 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. ..... , the next day, the delay would have been justified but he thinks that because it was not paid on the 18th owing to the accident which happened to the jutka which caused the person making the payment to be five minutes late in the bank, there was no ground for excusing the payment ..... argument to say that where a man leaves in time and would, in the ordinary course, have reached the bank in time, he would, in spite of the accident, have reached before the bank was closed if he had started earlier, or if the jutka horse had run faster. ..... i have already given my reasons for holding that the accident was one which the person could not have foreseen and that there was no negligence on the part of the ..... there can be little doubt that if there was no accident to the horse, there would not have been a delay of five minutes on the 18th and that the money would have been ..... subordinate judge is correct, it is not reasonable to hold that a person is guilty of negligence when he would, in the ordinary, course of things, have arrived in time for payment and the delay of 5 minutes was due to an accident which he could, by no means, have foreseen. .....
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