Judgment Search Results Home > Cases Phrase: inevitable accident Page 7 of about 26,718 results (0.045 seconds)

The Colorado

Court : US Supreme Court

..... other defenses failing, it is next insisted by the owner of the propeller that the collision was the result of inevitable accident, but, having decided that the propeller was in fault, the discussion of that proposition is unnecessary, as such a defense can never be maintained unless it appears that both parties were without fault. ..... that the collision was the result of inevitable accident. 1. ..... where all these precautions are faithfully observed, such disasters rarely occur and the courts hear very little about inevitable accidents. ..... 695 she had pursued that course for some time, and continued to pursue it without changing her helm until the collision was inevitable, when her helm was put to starboard; that she was stanch and strong, and well manned and equipped; that she showed the requisite signal lights; that she had competent lookouts properly ..... she held this course until, a collision becoming inevitable, her helm was put to starboard. .....

i. Varalakshmi and ors. Vs. Andhra Pradesh State Road Transport Corpor ...

Court : Karnataka

Reported in : 2005ACJ384; ILR2004KAR815

..... the order passed by the tribunal:'after thorough scrutiny and weighing of oral and documentary evidence led by both sides i come to the conclusion that the alleged incident is 'unfortunate, inevitable accident' the driver is not responsible for the same in any way and the alleged incident has not arisen 'out of the use of motor vehicle'. ..... unfortunate and inevitable accident is solely due ..... contrary version given by the driver of the vehicle was found to be more probable by the tribunal while holding that the driver was not in any way responsible for the accident which according to the tribunal did not arise out of the use of the motor vehicle having been caused solely because of the act of an outside agency.we have heard ..... such being the amplitude of expression 'arising out of the use of motor vehicle', it is difficult to see how an accident in which a passenger sitting in the bus is hit by a stone hurdled at the bus which smashes the front window screen and hits the passenger in the head resulting in his death cannot ..... the proof of fault on the part of the driver or the owner of the vehicle involved in the accident is essential having regard to the fact that the claim was a fault claim under section 166 filed before the 1994 amendment of motor vehicles act by which proof of fault ..... the tribunal was, in the light of what we have said above, in error in holding that the accident had not arisen out of the use of the motor vehicle and that a claim petition was not maintainable on behalf .....

Darshan Kumari and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : 2008ACJ1591; (2007)148PLR219

..... in these circumstances, the only irresistible conclusion is that it was an inevitable accident and no negligence can be attributed to the driver of the jeep. ..... doctrine of res ipsa loquitur, which is a rule of evidence departing from the normal rule that it is for the plaintiff to prove negligence but in some cases considerable hardship is caused to the plaintiff as the true cause of the accident is not known to him but is solely within the knowledge of the defendant who caused it, the plaintiff can prove the ..... it was held that the accident was not inevitable and the owner was liable to pay compensation. ..... we are, therefore, of the opinion that even apart from section 140 of the motor vehicles act a victim in an accident which occurred while using a motor vehicles, is entitled to get compensation from a tribunal unless any one of the exceptions would apply. ..... air 1989 madhya pradesh 93, in that case also, the hon'ble supreme court dealt with a similar situation, wherein, in a motor accident, a defence was taken that the same had occurred on account of some mechanical defect in the vehicle. ..... the normal rule is that it is for the plaintiff to prove negligence but as in some cases considerable hardship is caused to the plaintiff as the true cause of the accident is not known to him but is solely within the knowledge of the defendant who caused it, the plaintiff can prove the accident but cannot prove how it happened to establish negligence on the part of the defendant. .....

Sm. Madhuri Chaudhuri and ors. Vs. Indian Airlines Corporation

Court : Kolkata

Reported in : AIR1962Cal544

..... it was a case of inevitable accident which could not be foreseen and/or avoided by exercise of any amount of skill, care and precaution ..... of proof of which the essence was that an event which, in the ordinary course of things, was more likely than not to have been caused by negligence was by itself evidence of negligence, depended on the absence of explanation of an accident, but, although it was the duty of the respondents to give an adequate explanation, if the facts were sufficiently known the question ceased to be one where the facts spoke for themselves, and the solution must be found ..... paragraph 11 of the written statement, facts have been stated in support of the case of inevitable accident. ..... under the aircraft act read as follows: '(6) the court shall make a report to the central government stating its finding as to the causes of the accident and the circumstances' thereof and adding any observations and recommendations which the court thinks fit to make with a view to the preservation of life and avoidance of similar accidents in future, including, a recommendation for the cancellation, suspension or endorsement of any licence or certificate issued under these rules. ..... carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking. 20 (1). .....

Great Ocean Enterprise S. a and anr. Vs. the Owners and Parties Intere ...

Court : Kolkata

..... the burden of inevitable accident is to be discharged by the plaintiff and from a reading of the particulars of the defendants negligent and wrongful acts, nowhere has inevitable accident been pleaded. ..... nowhere has it been pleaded that it was not an inevitable accident. ..... nowhere has it been pleaded that the time was insufficient to prevent collision or that the collision was inevitable. ..... june, 2010 is more contemporaneous to the incident, therefore, prima facie the facts stated therein ought to be accepted at this stage and on an analysis of the said statement of facts the collision was not one that was inevitable. .....

The Louisiana

Court : US Supreme Court

..... the collision being caused by the louisiana drifting from her moorings, she must be liable for the damages consequent thereon unless she can show affirmatively that the drifting was the result of inevitable accident or a vis major which human skill and precaution and a proper display of nautical skill could not have prevented. ..... we are of opinion, therefore, that the appellant has failed to show that the collision is the result of inevitable accident, and that the decree of the circuit court should be affirmed with costs. ..... another vessel aground on a bar out of the channel or course of navigation will be liable for damage done to the vessel aground unless the drifting vessel can show affirmatively that the drifting was the result of inevitable accident or of a vis major which human skill and precaution could not have prevented. 2. ..... fact that the captain and mate "did not anticipate the breaking away of the vessel, and thought the lines sufficient to hold her" may prove their want of judgment, but not that "the accident was unavoidable," and this more especially as other persons of nautical skill -- disinterested witnesses in this case -- found no difficulty in securing their vessels at the same place, and under similar circumstances. 2. ..... " other vessels, of which there were several in the neighborhood, kept to their fastenings, nor was there any other collision or accident of any kind in hampton roads on that day. ..... the captain and mates considered that "the accident was unavoidable. .....

Pauline D'souza Vs. Cassamalli Jairajbhoy

Court : Mumbai

Reported in : AIR1933Bom465; (1933)35BOMLR1007; 147Ind.Cas.354

..... the defendant denies negligence, and says that the fall was due to an inevitable accident, and that he is not liable to pay any damages to the plaintiffs or ..... . it was really unfortunate that the accident led not merely to loss of property but to the loss of human life; but it was an inevitable accident which could not have been prevented by the exercise of reasonable care ..... 411 referred to before, in which the brick fell from a railway bridge built only about three years before the date of the accident, the plea of res ipsa loquitur put forward by the plaintiff was not met by any evidence on the side of the defendants at all, and one of the judges who disagreed with the majority went ..... the rule as follows:-where damage is done by the falling of objects into a highway from a building, the modern rule is that the accident, in the absence of explanation, is of itself evidence of negligence, in other words, the burden of proof is on the occupier of the ..... the first plaintiff was, therefore, not, strictly speaking, the owner at the date of the accident, and though she paid off the remaining instalments by october 18, 1926, the car had been sold off and did not belong to her at the ..... therefore, there was some evidence to go to the jury, however slight it may have been, of this accident having arisen from the negligence of the defendants; and it was incumbent on the defendants to give evidence rebutting the inference arising from the undisputed facts;...this case was confirmed in appeal ( .....

Nek Ram and ors. Vs. the Punjab Roadways and ors.

Court : Punjab and Haryana

Reported in : 1(1984)ACC178

..... ramji dass respondent, owner of the truck, on the other hand, blamed the bus driver for the accident and also put-forth the plea that it was an inevitable accident and had occurred on account of the bursting of the right front tyre of the truck which was an act of ..... as regards the plea of inevitable accident on account of the bursting of the tyre of the truck, it would be relevant to advert to the judgment of this court in mela ram ..... of the bus driver in this case lay in keeping the spare wheel inside the bus.having regard therefore, to the totality of the circumstances of this case, it must be held that the accident resulting in the death of damodar dass deceased was caused entirely due to rash and negligent driving of the truck driver while as regards the death of the other deceased namely p.c. ..... as in the earlier case, here too it would be seen that the evidence led clearly establishes the fact that the accident between the bus and the truck was caused by the tyre burst of the truck which resulted in the truck swerving to its right and then hitting into ..... in dealing with the claim filed by the children of damodar dass, deceased, the tribunal came to the finding that the accident between the bus and the truck was an act of god and, therefore, neither driver could be held to have been ..... of the evidence led in this case would show that the bus was being driven on its correct side of the road at the time of the accident and it did not go on to the wrong side of the road at any time. .....

Chanchalaben and ors. Vs. Shaileshkumar and ors.

Court : Gujarat

Reported in : AIR1974Guj145; (1974)15GLR364

..... it appears that, in the opinion of the tribunal, it was an inevitable accident. ..... 1 was not disqualified from holding or obtaining a learner's driving licence is proved by the fact that, two days after the occurrence of the accident in question, on 19th january, 1968, his learner's driving licence was renewed for a further period of three months. ..... whereas section 96 of the motor vehicles act, 1939 requires an insurance company to underwrite the risk arising out of the accidents committed by persons who are 'duly licensed' by the aforesaid term in the policy, the insurance company, opponent no. ..... 4, was concerned, they averred that he was not directly or indirectly responsible for causing the said accident or contributing to it and that, therefore, he was not liable to pay any damages to the claimants. ..... in view of our finding that a person who holds or has held a learner's driving licence is covered by the proviso to clause (b) and since the lambretta driver had held a learner's driving licence prior to the date of the accident and indisputably he was not disqualified from holding or obtaining it, the opponent no. ..... on examination of an identical term in the policy, with which he was concerned in that case, he has taken the view that an insurer is bound to make good the risk arising out of an accident committed by a driver, who once held a licence, though he did not have an effective licence on the date of the accident and was not disqualified from holding or obtaining it. .....

K. Gopalakrishnan Minor Vs. Sankara Narayanan and ors.

Court : Chennai

Reported in : AIR1968Mad436

..... the defences of contributory negligence or inevitable accident would still be open to the defendant but once it were proved that he had broken one of the normal rules of the road, and that this may have been the cause of the accident then the burden of proof would have been discharged by ..... driver of the scooter, went to the extent of stating that he went in the first gear for about two furlongs from his house to the place of accident as there were lots of pot holes and the road was under repair and there were 3 or 4 intersections to be crossed. ..... but this is inevitable having regard to the fact that the accident took place within a couple of seconds after the vehicles approached the intersection of ..... it is not the case of any of the parties that the collision of the vehicles in this case was an accident, or a misfortune, for which no one could be blamed on the ground that the drivers of the vehicles were engaged in doing a lawful act in a lawful manner, by lawful means and with proper care ..... of the motor vehicles act provides for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to persons arising out of the use of motor vehicles. ..... 11) who was travelling on the pillion of the scooter at the time of the accident sustained a lacerated injury on his left leg 10' x 51/2' with fracture of both bones as the right rear wheel of the lorry ran over his left led, after he fell down as a result of both the vehicles colliding .....