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Pushpabai Purshottam Udeshi and ors. Vs. Ranjit Ginning and Pressing C ...

Court : Supreme Court of India

Reported in : AIR1977SC1735; (1977)2SCC745; [1977]3SCR372

..... to succeed in such a defence the opposite party will 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 ..... though the opposite parties had pleaded that this is a case of inevitable accident they have not led any evidence to establish their plea. ..... opposite parties pleaded that the incident was as a result of inevitable accident and not due to any act of rashness or negligence ..... us the plea of inevitable accident was not raised. ..... to prove the inevitable accident. ..... 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. ..... wife and the claimants 2 to 8 are the children of one purshottam tulsidas udeshi who met with his death in a motor car accident on 18-12-1960 when he was travelling in the car which was driven by madhav-jibhai mathuradas ved, the manager of the first opponent ..... the questions that arise for consideration are whether on the facts of the case the claimants have established (1) that the accident was due to the rash and negligent driving of madhavjibhai mathuradas ved, the manager of the company, and (2) whether the incident took place during the .....

A. Krishna Patra Vs. Orissa State Electricity Board and ors.

Court : Orissa

Reported in : II(1998)ACC367; 1998ACJ155; AIR1997Ori109; 83(1997)CLT356

..... it is further submitted that the snapping of conductor being an inevitable accident, liability ought not to be fastened on the opposite parties. 7. ..... 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 origin either in the whole or in part in ..... thus, it follows that the plea of an inevitable accident is wholely misconceived and cannot come to the aid of the opposite parties for getting out of its liability. 10. ..... while considering the question of inevitable accident or an act of god, it will be useful to reproduce a passage from the law of torts, 22nd edition, by justice g. p. ..... ' thus, the plea of inevitable accident had, in cases of this type, practically lost all its utility. 18. ..... the plea of an inevitable accident or an act of god advanced at the stage of hearing, cannot come to the aid of the opposite parties. ..... ' an inevitable accident is an event which happens not only without the concurrence of the will of the man, but in spite of all efforts on his part to prevent it. ..... 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 human protection could be provided. .....

R.R.N. Ramalinga Nadar Vs. V. Narayana Reddiar

Court : Kerala

Reported in : AIR1971Ker197

..... 's enemies.it is finally urged before me by learnedcounsel for the defendant, that the exception applies to the case before me as,according to counsel, any event beyondthe control of the defendant, any circumstance not of his creation, must betaken to be an inevitable accident, and.that according to him, is synonymouswith what is 'generally understood as vismajor or act of god.15. ..... matters which are not within the power of any party to prevent, is, according to learned counsel, inevitable accidents so far as he is concerned and consequently it is to be considered as acts of god. ..... pittard, that all causes of inevitable accident--' 'fortuitus' -- may be divided into two classes -- those which are occasioned by the elementary forces of nature unconnected with the agency of man or other cause, and those which have their origin either in the whole or in ..... what is urged in this case is that all inevitable accidents must be taken as acts of god. ..... it also remains to be considered whether inevitable accidents caused not by forces of nature but by human agency could be classed as acts of god.5. ..... they are, in a sense, inevitable accidents beyond the control of man. ..... it is obvious that it would be altogether incongruous to apply the term 'act of god' to the latter class of inevitable accident. ..... but the plaintiff's case is that a common carrier, which the defendant is cannot disown liability for loss caused by inevitable accidents. ..... it may be that in either of these cases accidents may be inevitable. .....

Viterbo Vs. Friedlander

Court : US Supreme Court

..... " the louisiana code, following the french law and the code napoleon, recognizes two kinds or degrees of what, under various but equivalent names, has been called vis major, cas fortuit, irrestible force, inevitable accident, or unforeseen event; the one, ordinary, which might have been foreseen by any man of common prudence as not unlikely to happen at some time; the other, extraordinary, which could not have been foreseen, or expected to occur at ..... , and the lessee is entitled to have the lease annulled, notwithstanding the provision of article 2743 (2714) that the tenant of a predial estate cannot claim an abatement of rent for a destruction of the whole or a part of his crop by inevitable accidents, unless they are of such a nature that they could not have been foreseen by either party when the lease was made. ..... the landlord bound, without any express covenant, to keep it in repair and otherwise fit for use and enjoyment for the purpose for which it is leased, even when the need of repair or the unfitness is caused by an inevitable accident, and, if he does not do so, the tenant may have the lease annulled, or the rent abated. ..... thing leased, and holds the landlord bound, without any express covenant, to keep it in repair and otherwise fit for the use for which it is leased, even when the want of repair or the unfitness is caused by an inevitable accident, and if he does not do so, authorizes the tenant to have the lease annulled or the rent abated. .....

Indian Trade and General Insurance Co. Ltd. and ors. Vs. Madhukar Govi ...

Court : Madhya Pradesh

Reported in : AIR1967MP110; 1967CriLJ545

..... the burden of proof of inevitable accident in upon the person setting it ..... 'there is no distinction as regards inevitable accidents, between cases which occur on land and those which occur at ..... it was said:'an inevitable accident in point of law is this: ..... it is an inevitable accident where a person in doing an ..... of the ways in which he can do this is proving inevitable accident. ..... us it was contended for the appellant that this was a case of an inevitable accident. ..... in order to sustain that plea, the party setting it up must show what the cause of the accident was and further that the result of that cause was inevitable, or must show all the possible causes, one or the other of which produced the effect, and must further show with regard to every one of those possible causes that the result would not ..... is clear to us that that maxim (the thing speaks for itself) comes into play in rases where the exact cause of the accident is not known and the res can speak for itself so as to throw the inference of negligence or laches upon the defender. ..... appeal under section 110-d of the motor vehicles act, is from the award of the motor accident claims tribunal (hereinafter called the tribunal) whereby a sum of rs. ..... regards loss of earning, the tribunal has found that the respondent remained out of employment from the date of the accident, namely, 5 june, 1901 upto the end of 1962. ..... when the claimant puts forward a definite cause of accident, the abstract doctrine of res ipsa loquitur may not be .....

CaptaIn W.F. Wake-walker, O.B.E., R.N. Vs. Steamer ColIn W. Ltd. and O ...

Court : Privy Council

..... the law as to inevitable accident is concisely summed up in the judgment of dr. ..... to constitute an inevitable accident it was necessary that the occurrence should have taken place in such a manner as not to have been capable of being prevented by ordinary skill and ordinary deligence. ..... proposed to himself and which the supreme court of canada also proposed to themselves : "has the defendant established that this was an inevitable accident? ..... " the learned judge says "the defendant has not satisfied the court that this was an inevitable accident. ..... justice demers gave his judgment on 21st june 1935, and correctly proposed the question for determination, namely: "did the defendant establish that this was an inevitable accident? ..... in other words there was no fault on the part of the defendant, and the collision was due to an inevitable accident. ..... in other words, their lordships agree with the courts below that the appellant has not discharged the onus which in law was placed upon him to show that the accident was an inevitable one. ..... on the 18th august, an enquiry was held into the accident before a wreck commissioner, assisted by two nautical assessors. ..... 9, was produced on behalf of the defendant, upon which had been plotted the course which he said was the one taken by the 'dragon' from the time she passed the bridge to the moment of the accident. .....

Union Steamship Company Vs. New York and Virginia S.S. Co.

Court : US Supreme Court

..... inevitable accident, as applied to cases of this description, must be understood to mean "a collision which occurs when both parties have endeavored, by every means in their power, with due care and caution and a proper display of nautical skill, to prevent the occurrence of the accident ..... inevitable accident must be understood to mean a collision which occurs when both parties have endeavored by every means in their power, with due care and caution and a proper display of nautical skill, to prevent the occurrence of the accident ..... it is not inevitable accident, as was well remarked by the learned judge in the case of the juliet erskine, 6 notes of cases 634, where a master proceeds carelessly on his voyage and afterwards circumstances arise when "it is too ..... was the result of inevitable accident. ..... part of those in charge of the injured vessel, but it is insisted in their behalf that the colliding steamer was also without fault, and that the collision was the result of inevitable accident. ..... in a collision which took place in elizabeth river, in 1855, between the steamship pennsylvania and the steamship jamestown, the pennsylvania was in fault, and the collision cannot be imputed to inevitable accident. ..... they were then less than a quarter of a mile apart, and seeing that a collision was almost inevitable, be instantly directed the alarm bell to be rung and the whistle of the steamer to be sounded, and as there was nothing more that he could do to avoid the danger, he gave warning to .....

The Mabey and Cooper

Court : US Supreme Court

..... owners of the respondent ship to file an amended answer in which they still insist that the collision was the result of inevitable accident, but of a widely different character from that described in the original answer filed more than five months earlier. ..... all which she could do was to drop her anchors with a view to stop her headway, which, however, being done, failed to bring her up; that the collision was thus the result of inevitable accident, or if not of inevitable accident then certainly that it arose from no fault of the ship or her officers or crew. ..... inevitable accident, as applied to a case of this description, must be understood to mean a collision which occurs when both parties have endeavored, by every means in their power, with due care and caution, and a proper display of nautical skill, to prevent the occurrence of the accident, and where the proofs show that it occurred in spite of everything that nautical skill, care, and precaution could do to keep ..... which of itself is a sufficient answer to the defense of inevitable accident. ..... unnecessary, as the allegation is admitted, but the respondents allege that the ship is not liable, as the collision was the result of inevitable accident. ..... off in the then condition of the wind and tide, and finally went only on the ship's owners insisting on her towing, and on their agreeing to take the risk of all accident, both ship and tug were held liable for a collision, there being in addition some evidence of faulty navigation. 3. .....

MayuddIn Abbasmiya Malik Vs. Shanabhai Shankerbhai Valand and anr.

Court : Gujarat

Reported in : 1992ACJ881

..... what is required to be proved in a case of inevitable accident is that there was direct nexus between the accident and the latent or patent mechanical or manufacturing defect. ..... the plea of inevitable accident is required to be established by the person who propounds it ..... aforesaid four claim petitions by invoking the aid of the provisions of section 110-d of the motor vehicles act, 1939 ('act' for short, hereinafter).learned counsel for the appellants has, firstly, contended that the accident in question was an inevitable accident. ..... because the driver has stated in his evidence that he had checked the vehicle before the journey commenced on the fateful day, could not be said to be sufficient or efficient evidence to discharge the heavy burden of proving an inevitable accident. ..... thus, the opponents contended that the accident was inevitable and the manufacturing defect in the tyre was not detected ..... , in the opinion of this court, there is no reason to interfere with the finding of fact about the cause of accident, which was nothing but the grown rashness and negligence on the part of the driver of the offending truck. ..... simply because a new tyre was used almost five months before the date of the accident, it cannot be presumed that the bursting of the tyre was on account of latent manufacturing ..... on appreciation of the evidence on record, the tribunal was pleased to find that the accident in question occurred on account of rash and negligent driving on the part of original opponent .....

Sturm Vs. Boker

Court : US Supreme Court

..... the court below adopted the defendants' interpretation of the contract, holding that the consigned goods were at the risk of complainant; that he was responsible for their loss, although arising from inevitable accident, because he had undertaken to return them if not sold, and that, being so responsible, the defendants had a right to charge him with the value thereof and treat the policies turned over to them as collateral ..... they do not impose upon the complainant the liability to account for the value of the goods in gold in the event of loss by inevitable accident, and not being responsible for the goods, nor liable for the loss thereof, neither he nor the proceeds of his insurance policies can properly be subjected to the burden of making good either the ..... , as bailee, was exempted by the common law from liability for loss of the consigned goods arising from inevitable accident (3) that there was no undertaking in the contract on his part which took him out of the operation of the common law ..... the other hand, if the title to the goods delivered did not vest in the complainant under the terms of the consignment, or he was not responsible for the loss of the same by inevitable accident, then the court below was in error in dismissing his bill, and denying the account sought. ..... 329 even by inevitable accident, the buyer is responsible for the ..... complainant's common law responsibility as bailee exempted him from liability for loss of the consigned goods arising from inevitable accident. .....