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Union of India (Uoi) Vs. Smt. Vijay Sundari and ors.

Court : Madhya Pradesh

Reported in : 1991ACJ770; AIR1991MP328; 1991(0)MPLJ784

..... when it is not possible for a driver to prevent the accident by the exercise of ordinary care, caution and skill, it may be a case of an inevitable accident and it shall be open to him to plead that the cause of the accident was not absence of those, but of external human factor, such as the negligence of ..... aforesaid, we find that there is no merit in the contention of shri mittal that it was a case of 'inevitable accident' and not one of rash and negligent driving of the offending vehicle. ..... the casepleaded is that the driver was not guilty of rash and negligent driving and interposition of human agency resulted in the inevitable accident, onus would he on the driver to establish the stand taken. ..... evidence, those facts are not established and it can be justifiably held that false plea of the occurrence being an 'inevitable accident' was set up. ..... in the instant case, the defence alleged three specific facts as constituting the external human factor which resulted in the accident that the deceased was hit not by the front part of the vehicle, but by its rear part; that the deceased was negligent because he was running across the road to board a bus and ..... was carried to hospital in the same vehicle which had caused the accident and the defence is that the vehicle was not driven rashly and ..... constraining the provisions of sections 1a and 2 of the fatal accidents act, 1855, their lordships observed that damages thereunder are not to be given as a solatium and actual pecuniary loss had to .....

Union of India (Uoi) Through B.S.F. Vs. Vijay Sundari and ors.

Court : Madhya Pradesh

Reported in : 1(1992)ACC449

..... when it is not possible for a driver to prevent the accident by the exercise of ordinary care, caution and skill, it may be a case of an inevitable accident and it shall be open to him to plead that the cause of the accident was not absence of those, but of external human factor such as the negligence of the victim.4 ..... indeed, when the case pleaded is that the driver was not guilty of rash and negligent driving and interposition of human agency resulted in the inevitable accident, onus would lie on the driver to establish the stand taken. ..... mittal that it was a case of 'inevitable accident' and not one of rash and negligent driving of the offending vehicle ..... however, in evidence those facts are not established and it can be justifiably held that false plea of the occurrence being an 'inevitable accident' was set up. ..... in the instant case, the defence alleged three specific facts as constituting the external human factor which resulted in the accident: that the deceased was hit not by the front part of the vehicle, but by its rear part; that the deceased was negligent because he was running across the road to board a bus and he did ..... he was carried to the hospital in the same vehicle which had caused the accident and the defence is that the vehicle was not driven rashly and negligently.3. ..... construing the provisions of sections 1a and 2 of the fatal accidents act, 1855, their lordships observed that damages thereunder are not to be given as a solatium and actual pecuniary loss had to be .....

Brakes India Ltd. Represented by Power Agent/Subrogee, United India In ...

Court : Chennai

..... 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 have their origin either in the whole or in part in the agency of man, whether in acts of commission or omission, of nonfeasance or of misfeasance, or in any other cause independent of the agency ..... is urged in this case is that all inevitable accidents must be taken as acts of god. ..... are, in a sense, inevitable accidents beyond the control of man. ..... :an act of god, in the legal sense of the term, may be defined as an extra ordinary occurrence or circumstance which could not have been foreseen and which could not have been guarded against; or more accurately, as an accident due to natural causes, directly and exclusively without human intervention, and which cold not have been avoided by any amount of foresight and pains and care reasonably to be expected of the person sought to be made liable ..... obvious that it would be altogether incongruous to apply the term 'act of god' to the latter class of inevitable accident. ..... be that in either of these cases accidents may be inevitable. ..... lj 1, to which my attention has been drawn by learned counsel for the defendant to warrant the view that even when the accidents are purely the result of acts of human agency, it should be taken to be acts of god.16. .....

Assam State Co-operative Marketing and Consumers' Federation Limited V ...

Court : Guwahati

..... it generally means an inevitable accident occurred directly and exclusively by the natural causes ..... the legal sense of the term, an act of god may be defined as an extraordinary occurrence or circumstance which could not have been foreseen and which could not have been guarded against; or, more accurately, as an accident (i) due to natural causes, directly and exclusively without human intervention, and (2) which could not by any amount of ability have been foreseen, or, if foreseen, could not by any amount of human care and skill ..... it has been stated that the plaintiff by a notice dated 23-12-95 intimated the defendant about the damage caused by the fire accident on 26-11-85 with an inventor of the damages so caused; but in spite of having received the notice the defendant kept silent and did not disown its ..... house was situated at a short distance from the side of fire mishap, heard some shouts while the fire caught; and he rushed to the spot and then he himself informed the accident to the police, informed the fire brigade which came but could not save the suit houses from fire. ..... that even after the incident, the defendant; and its officers did not care to intimate about the fire accident and its cause; and the defendant side remain completely silent about the entire incident. ..... party by his own contract imposes the duty on himself he is bound to make good notwithstanding any accident by inevitable things. ..... accident means inevitable or vide major act of god and not as a result of .....

Krishan Dayal Alias Keshavdayal and anr. Vs. Vishnu Prasad and anr.

Court : Madhya Pradesh

Reported in : 1(1984)ACC142

..... the facts and circumstances of the present case do not show that it was an inevitable accident for the reason that the defendant-driver had witnessed that there were other persons and animals going shead on the highway and that too there was ghati and down ..... the learned counsel for the appellants then contended that the plea of inevitable accident can be raised as a plea of defence even though it is not specifically pleaded if the facts and circumstances of the case show that such a plea ..... there is no dispute as regards the preposition that the defence of inevitable accident may be taken if it is so made out from the material ..... that event the burden would be on the defendant to show that it was an inevitable accident. ..... the defendants-appellants contested the claim by contending that the driver of the bus was not rash or negligent but the accident had taken place because the calf suddenly came in front of the bus and dashed against it and when the driver swerved the bus to save the calf, it slipped and turned down, as a result ..... but, there may be cases in which the claimants may not be knowing the cause of the accident, which may be known exclusively to the person who caused the accident and in such a situation the claimant cannot lead evidence as to how it happened so as to prove the negligence of ..... for the loss of their father and also for loss of the horse and calf contending that the accident had resulted due to rash and negligent driving on the part of the driver, the appellant no. .....

Sk. Allah Bakhas and Etc. Vs. Dhirendranath Panda and anr.

Court : Orissa

Reported in : AIR1983Ori203

..... 28 at page 81, the law relating to inevitable accident is stated thus: 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 that the result could not have been avoided.the supreme ..... the insurer pleaded inevitable accident and refuted that the driver was negligent ..... air 1977 sc 1735 accepted the aforesaid statement of law and observed (para 5):--'the burden rests on the opposite party to prove the inevitable accident. ..... 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.'5. ..... these three appeals arise out of the decisions of the motor accident claims tribunal dismissing the applications of the claimants for compensation claimed for injuries sustained by them and for the death of a eight months old baby.2 ..... no evidence having been adduced: to rebut the presumption, the only conclusion that can be reached is that the accident took place on account of the negligence of the driver. ..... the fact that the autorickshaw was on the railway track at the time of the accident is itself indicative of negligence of the driver. ..... in the accident, allah baksh and hazra lost their daughter aged eight ..... 000.00 to him who was a student of class x at the time of accident. .....

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 .....

The Clarita and the Clara

Court : US Supreme Court

..... still it is insisted by the respondents that those in charge of the steam tug were without fault; that the collision, as far as they are concerned, was the result of inevitable accident, though they insist that it might have been prevented by proper care on the part of those in charge of the schooner ..... . the owners of the tug alleged that their hawser was good enough, and that the catastrophe was an inevitable accident, and moreover that the schooner was to blame in not having had an anchor watch, who would have seen the burning vessel drifting on her and would have ..... . that the drifting of the ferry boat was not an inevitable accident, but was the result of negligence on the part of those in charge ..... unless it appears that both parties have endeavored by all means in their power, with due care and a proper display of nautical skill, to prevent the collision, the defense of inevitable accident is inapplicable to the case ..... . obviously the defense of inevitable accident finds no support in the evidence, even upon the theory assumed by the respondents, as they insist that the collision was ..... of proof is upon the respondents to show either that the steam tug was without fault or that the collision was occasioned by the fault of the schooner, or that it was the result of inevitable accident ..... run into and set on fire by the carelessness, negligence, and inattention of those who rendered the alleged salvage service, and not from any accident, nor from any fault or neglect of duty on the part of the schooner .....

A.S. Sharma Vs. Union of India (Uoi) and anr.

Court : Gujarat

Reported in : 1995ACJ493

..... settled proposition of law that an inevitable accident must be established by the person ..... accidents may arise beyond the control of the driver, who is in-charge of the steering, for variety of reasons and it is technically known as inevitable accident ..... inevitable accident has to be proved by ..... union of india has raised the following two contentions:(1) that there is no evidence to prove that the driver of the jeep was rash and negligent and responsible for the accident; and(2) alternatively, the amount of compensation awarded by the tribunal is excessive and exorbitant.the aforesaid two contentions are seriously countenanced and controverted by the learned counsel, mr ..... but where the thing is shown to be under the management of the defendant, or his servants, and the accident is such as, in the ordinary course of things, does not happen if those, who have the management, use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.the doctrine of res ipsa loquitur can be, successfully, invoked where the facts proved before ..... may happen that the claimants or the victims of the unfortunate road accidents or their legal representatives or the dependants are unable to prove the element of rashness and negligence on the part of the driver of the offending vehicle for many reasons can also succeed if the circumstances emerging from the accident show other than direct rashness or negligence on the part of the .....

Asmathnarayan Vs. Union of India (Uoi) and anr.

Court : Gujarat

Reported in : II(1994)ACC582

..... is settled proposition of law that an inevitable accident must be established by the person who ..... accidents may arise beyond the control of the driver, who is in-charge of the steering for variety of reasons and it is technically known as inevitable accident ..... inevitable accident has to be proved by the party ..... for union of india has raised following two contentions:(1) that there is no evidence to prove that the driver of the jeep was rash and negligent and responsible for the accident, and(2) alternatively, the amount of compensation awarded by the tribunal is excessive and exorbitant.the aforesaid two contentions are seriously countenanced and controverted by the learned counsel mr. ..... as money can do so, the loss which he has suffered as the natural result of the wrong done to him.the main anxiety of the tribunal or court concerned should be to see that the victims of the road accident or the dependents of the deceased victims, should be placed, as far as possible, in the same pecuniary position as they would have been, had there been ..... but where the thing is shown to be under the management of the defendant, or his servants, and the accident is such as, in the ordinary course of things, does not happen if those, who have the management, use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.the doctrine of 'res-ipsa-loquitur' can be, successfully, invoked where the facts proved before the .....