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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. .....

General Papers Limited Vs. A.P.A. Pakkir Mohideen and Brothers

Court : Chennai

Reported in : (1958)1MLJ294

..... they tried to recover the loss from the railway, which however denied its responsibility relying on various things, like inevitable accident, the terms of the risk note signed by the appellants, etc. ..... the railway receipt endorsed to the plaintiffs only on 16th march, 1950, that is two days after the destruction of the goods by fire in transit, he held that the goods at the time of the destruction by the fire accident remained the property of the appellants who had retained control over them despite their entrustment to the carrier and so the loss must fall on the appellants. ..... ultimately they learned from the appellants that the goods were the subject of a fire accident on 14th march, 1950, in the course of transit, and that the salvaged wreck of the articles was in tiruchirapalli goods station. .....

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. .....

Arulandam and anr. Vs. State

Court : Chennai

Reported in : II(1990)ACC264; 1991ACJ977

..... i am unable to find any rashness or negligence on the part of the petitioners for this inevitable accident could have occurred as put forth by the petitioners as well. .....

R.A. Arunachala Aiyar Vs. C. Subbaramiah

Court : Chennai

Reported in : AIR1923Mad63; (1922)43MLJ632

..... 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. .....

State Of Up Through Secretary (excise) Vs. M/s Mcdowell And Company Li ...

Court : Supreme Court of India

..... department over the distillery and godown: effect of............50 negligence.................................................................................................................................52 act of god...................................................................................................................................56 inevitable accident................................................................................................................61 res ipsa loquitur....................................................................................................................63 the respondent company remains liable...............................................................65 insurance coverage only ..... of department over the distillery and godown: effect of............50 negligence.................................................................................................................................52 act of god...................................................................................................................................56 inevitable accident................................................................................................................61 res ipsa loquitur....................................................................................................................63 the respondent company remains liable...............................................................65 insurance coverage .....

Venugopala Panicker Vs. Unnikrishna Panicker

Court : Kerala

..... to succeed in such a defence the opposite party will m.a.c.a.nos.63 & 351/13 -13- have to establish that the cause of the accident could not have been avoided by exercise of ordinary care and caution "to establish a defence of inevitable accident the defendant must either show what caused the accident and that the result was inevitable, or he must show all possible causes, one or more of which produced the effect, and with regard to each of such possible causes he must show ..... the apex court, rejecting the defence of inevitable accident pleaded by the opposite parties, held that to establish a defence of inevitable accident the opposite parties will have to prove that the cause of the accident could not have been avoided by exercise of ordinary care and ..... may at once be stated that though the opposite parties had pleaded that this is a case of inevitable accident they have not lead any evidence to establish their plea. ..... though the opposite parties had pleaded that it is a case of inevitable accident m.a.c.a.nos.63 & 351/13 -12- they had not lead any evidence to establish such a ..... the case on hand, no attempt was made by the respondents to raise a specific plea of inevitable accident before the tribunal. ..... burden rests on the opposite party to prove the inevitable accident. ..... pw1 and found on the evidence that it cannot help concluding that the dashing of the car against the tree was most violent and that it was for the respondents to establish that it was a case of inevitable accident. .....

Kumari Rachna Vs. Himachal Road Transport Corporation and ors.

Court : Himachal Pradesh

Reported in : 1990ACJ840,AIR1991HP73

..... opposite parties had pleaded that this is a case of inevitable accident they have not led any evidence to establish their plea. ..... if the defence of 'inevitable accident' casts a burden upon the defendant to showthat the cause of accident could not have been avoided by exercise of ordinary care and caution, it follows, as a corollary, that the fact that the plaintiff is able to bring on record some reason for the accident would not resolve the defendant from discharging the burden which is cast ..... 'to establish a defence of inevitable accident the defendant must either show what caused the accident and that the result was inevitable, or he must show all possible causes, one or more which produced the effect, and with regard to each of such possible causes he must show that the result could not ..... of 'res ipsa loquitur' applies or where the plea of 'inevitable accident' is raised by the owner of a vehicle, like a bus, the mere fact that some reason for the accident appears from the evidence on record would not absolve the owner from the necessity of establishing that he had taken due care to ensure that such a reason does not occur or result in the accident. ..... founded its plea of 'inevitable accident' upon the aforesaid fact. ..... terms of the requirements of the act noticed above, it cannot be said that the hrtc has succeeded in displacing the presumption of negligence arising both form the doctrine of 'res ipsa loquitur' as also the defence of 'inevitable accident' raised by it in the case. .....

The Commissioner, Corporation of Chennai Vs. The State of Tamil Nadu, ...

Court : Chennai

..... singh, which reads thus : "all causes of inevitable accidents may be divided into two classes : (1) those which are occasioned by the elementary forces of nature unconnected with the agency of man or other cause; and (2) those which have their ..... inevitable accidents ..... 'act of god' is an inevitable accident, which happens not only without the concurrence of the will of the man, but in spite ..... failure which cause or results in an accident cannot be attributed to an 'act of god' or be termed as 'inevitable accident'. ..... acj 1090, thebombay high court held as follows: "it is submitted that merely by contending that there was no complaint in respect of the tree under which the petitioner's husband got crushed and suffered the fatal accident and died cannot entitle them to raise a plea of vis major (act of god) and, therefore, in absence of any defence, there can be no hesitation on the part of the respondents to arrive at ..... " "an inevitable accident is an event which happens not only without the concurrence of the will of the man, but in ..... and circumstances of the case, at paragraph no.10, the orissa high court, held that, "an 'act of god' is an inevitable or unavoidable accident without the intervention of the man; some casualty which the human foresight could not discern and from the consequence of which no ..... an 'act of god' is an inevitable or unavoidable accident without the intervention of man; some casualty which the human foresight could not discern and from ..... accidents may be inevitable .....

The Morning Light

Court : US Supreme Court

..... reported cases where it has been held that collisions occurring in consequence of the darkness of the night and without fault on the part of either party are to be regarded as inevitable accidents are numerous, and inasmuch as there is no conflict in the adjudications, it is not thought necessary to do much more than to refer to some of the leading cases upon ..... 11 ] regarding these cases as sufficient to show that a collision resulting from the darkness of the night and without the fault of either party is properly to be regarded as an inevitable accident, we forbear to pursue the investigation, and wish only to add that we have no doubt the case was correctly decided in the circuit court. ..... on the other hand, the defense is placed chiefly upon the ground set up in the answer that the collision was the result of inevitable accident, but the respondents also contend that the vessel of the libellants was in fault because she unnecessarily attempted to go about and change her course while she was under the bows of the ..... the district court held that the evidence showed a case of inevitable accident between the two vessels, or if there was, at the time of the collision between the two vessels, any culpable inattention or misconduct which conduced to produce the collision, the fault therein was a common one ..... [ footnote 8 ] different definitions are given of what is called an inevitable accident, on account of the different circumstances attending the collision to which the rule is to .....