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Calcutta State Transport Corporation, Calcutta Vs. Kamal Prakash De

Court : Kolkata

Reported in : AIR1976Cal2

..... . inevitable accident is an accident such as that the defendant could not have avoided by the use of the kind and degree of care necessary to the exigency and in the ..... plea of inevitable accident can ..... 1, who is the tyre examiner of calcutta state transport corporation, howrah depot, and other documentaryevidence, came to the conclusion that the accident in question had happened due to lack of proper maintenance of the bus and as such the said issue was decided in ..... case contended that the doctrine of res ipsa loquitur could not be applied, it has been held in that case that the doctrine of res ipsa loquitur only means that an accident by its nature be more consistent with its being caused by negligence for which the defendant is responsible than by other causes ..... . 3,000 the respondent was required to spend another sum of rs 4,000 on account of his sufferings due to the accident, which sum was received by him in the shape of help, assistance and charities from others and it is of immaterial consideration in the facts of the case whether such amount was repaid or even ..... appeals were preferred from two applications, one by the husband and the other by the wife, for the recovery of compensation based on the same accident, when the bus in question knocked down both of them causing serious injuries ..... . in that case the question of rash and negligent driving resulting in accident and the manner of proof thereof, the presumption of negligence and the applicability of the doctrine of res ipsa .....

The Caledonia

Court : US Supreme Court

..... it evidently was not intended to apply to mere breakages of machinery, which should occur after the voyage began, since the breaking of sound machinery through stress of weather is treated as an inevitable accident or peril of the sea, for which the ship would not be liable whether there were an exception or not. ..... of the seas, rivers, navigation and land transit, of whatever nature or kind, restrictions at port of discharge, loss or damage from delays, collision, straining, explosion, heat, fire, steam boilers, and machinery, or defects therein, transshipment, escape, accidents, suffocation, mortality, disease or deterioration in value, negligence, default, or error in judgment of pilots, master, mariners, engineers, stevedores, or any other person in the employ of the steamship or of the owners or their agents, excepted, with liberty to sail with ..... of the sea, rivers, navigation and land transit, of whatever nature or kind, restrictions at port of discharge, loss or damage from delays, collisions, straining, explosion, heat, fire, steam boilers and machinery or defects therein, transshipment, escape, accidents, suffocation, mortality, disease or deterioration in value, negligence, default or error in judgment of pilots, master, mariners, engineers, stevedores, or any other person in the employ of the steamship or of the owners or their agents. ..... they may excuse delay in the delivery of goods by accident or misfortune, although not inevitable or produced by the act of god. .....

Krishna Kant Pandey Vs. Haryana Roadways

Court : Allahabad

Reported in : 1996ACJ824

..... inevitable accident is an accident such as that the defendant could not have avoided by the use of the kind and degree of care necessary to the exigency and in the circumstances he ..... plea of inevitable accident can certainly ..... of the vehicle, the claimant has to establish some negligence or a breach of duty by the defendant towards him and its causal connection with the injuries sustained by the claimant.it was further held:(14) where the accident occurs due to bursting of tyre, as in the instant case, the duty of the injured or the heirs of the deceased is initially to allege and prove facts leading to negligence of the owner or driver of the ..... it was on the finding that the vehicle was not being driven rashly and that the driver averted a major accident due to his effective control of the vehicle and his retaining proper presence of mind in the moment of crisis that the tribunal dismissed ..... 8,000/-but refrained from awarding the compensation on the finding that the accident was not as a sequel to rash and negligent driving of the vehicle ..... the tribunal found it established that the claimant suffered multiple injuries in the accident in question besides a portion of his right foot below the toe being sliced off and that he has ever since been making use of the said foot with the aid of ..... it would appear from a perusal of the record that at the time of accident, the front right tyre of the bus suddenly deflated resulting in the ill-fated bus deflecting and dashing against the tree .....

Haryana State Vs. Krishan Kumar

Court : Punjab and Haryana

Reported in : 2003ACJ549

..... the defence put forward by driver of hrb 3245 that it is a case of inevitable accident should have been accepted by the learned tribunal.7. ..... thus, he maintained that it was an inevitable accident and could not have been avoided even after exercising due ..... there is no other evidence of expert which had been examined from the side of the respondents-appellants to establish the condition of the truck on the date of accident, which led it to swerve to the right side of the road on account of breaking down of the main leaf of the front right side of the 'kamani' ..... favour of the claimant, the trial court came to the conclusion that the accident took place due to the rash and negligent driving of the driver of truck ..... in the joint written statement filed by the respondents, the factum of accident was admitted, but it was disputed that the accident had occurred on account of negligent driving by sujjan singh, the driver ..... 473 that where mechanical failure is pleaded as a defence as the cause of accident, then the onus is on the driver to satisfy the conscience of the court that such mechanical failure had resulted despite due care and caution on their part from time to time to keep the vehicle ..... is directed against the order dated 15.5.1985 of the motor accidents claims tribunal, hissar, whereby the claim of krishan kumar-respondent ..... pleadings of the parties, the following issues were framed by the trial court :-'(i) whether the accident took place due to rash and negligent driving of bus no. .....

New India Assurance Co. Ltd. Vs. Pandyat Kuniyil Pushpavally and ors.

Court : Kerala

Reported in : 1996ACJ665

..... it is clear that the contesting respondents have not even attempted to prove the specific case put forward by them that the accident was an inevitable accident. ..... apart from challenging the findings regarding negligence of the driver of the insured vehicle involved in the accident and the quantum of compensation entered by the tribunal, the appellant has raised a contention that its liability under the policy is only up to ..... contended that the accident was an inevitable one. ..... the circumstances, we find no reason to interfere with the finding of the claims tribunal that the accident had occurred due to the rash and negligent driving of the lorry by its driver.6. ..... tribunal also observed that nothing was suggested in cross-examination by way of challenge against pw 2's version that the accident happened due to the rash and negligent driving of the lorry by its driver, respondent no. ..... raising proper contentions and establishing such contentions by adducing necessary evidence in view of the fact that neither the claimants nor the owner have disclosed the policy particulars of the vehicle involved in the accident either voluntarily or in response to the application filed by the appellant before the tribunal as i.a. no. ..... a-5, plan of the place of accident, the tribunal came to the conclusion that the accident occurred due to rash and negligent driving of the lorry by its ..... claimants alleged that the accident occurred solely due to the rash and negligent driving of the lorry by respondent .....

K. Gopalakrishnan, Minor by Next Friend Guardian Father B.R. Krishnan ...

Court : Chennai

Reported in : (1969)1MLJ49

..... the defences of contributory negligence or inevitable accident would still be open to the defendant, but once it was 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 ..... of the scooter, went to the extent of stating that he went in the first gear for about 2 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 inter sections to be crossed. ..... out that once the vehicle is wrongly on that crossing, it does not lie in the mouth of the driver of that vehicle to say to the pedestrian ' you have caused this accident by your negligence,' because, if he had obeyed the regulation, the driver never would have been on the crossing. ..... but this is inevitable having regard to the fact that the accident took place within a couple of seconds after the vehicles approached the ..... 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 ..... the motor vehicles act provides for the constitution of claims tribunal 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. .....

New Jersey Steam Navigation Co. Vs. Merchants' Bank

Court : US Supreme Court

..... the right thus to restrict the obligation is admitted in a large class of cases founded on bills of lading and charter parties, where the exception to the common law liability (other than that of inevitable accident) has been from time to time enlarged and the risk diminished by the express stipulation of the parties. ..... he is chargeable as an insurer of the goods and accountable for any damage or loss that may happen to them in the course of the conveyance unless arising from inevitable accident -- in other words, the act of god or the public enemy. ..... done is not committed by force or design, it is still treated as ex delicto and a tort, if it was done either by a clear neglect of duty, by an omission to provide safe and well furnished carriages or vessels, by carelessness in guarding against fires and other accidents, by omitting preparations and precautions enjoined expressly by law, or by damages consequent on the negligent upsetting of carriages, or unsafe and unskillful navigation of vessels. ..... exercise of such election, you are necessarily driven to the contract to ascertain the existence, the nature, and extent of the assumed tort -- in other words, the infraction of fulfillment of the contract -- and the investigation develops inevitably an agreement, of which, with respect to parties, to locality, or subject matter, or to all these the admiralty can have no cognizance. .....

The Java

Court : US Supreme Court

..... it seems to us that if this was not an inevitable accident so far as the java was concerned, it would be very difficult to imagine a case of inevitable accident not caused by external force, as of winds and waves. ..... being up), and although the java was only making about two knots an hour, had her lookouts all in place and vigilant, and used every exertion that human skill could devise, a collision was inevitable, and the schooner and cargo were so much injured that she had to run on to the east boston flats to prevent sinking. ..... the ordinary one for vessels of her size, be bound to more than ordinary precaution, yet if she has a right to use that channel and do take such more than ordinary precaution, she is not responsible for accidents to other vessels that, with pit all, were inevitable. 2. .....

Gangaram and anr. Vs. Kamalabai and ors.

Court : Karnataka

Reported in : AIR1979Kant106

..... he submitted that it should be taken as an inevitable accident. ..... the points, therefore, that arise for our consideration in these appeals and cross-objections are:-(1) whether the tribunal was justified in holding that the accident was the result of rash and negligent driving of the car in question and (2) whether the quantum of compensation awarded in the two cases is just and proper ?3. ..... as against that, the counsel appearing for the claimants in two cases while supporting the reasoning of the tribunal and its finding that the accident was the result of actionable negligence on the part of the driver of the taxi, further submitted that the quantum of compensation awarded in the two cases was very low. ..... according to them, the accident was inevitable. ..... in the circumstances, we are constrained to observe that the respondents have not discharged the onus shifted on to them and the tribunal was perfectly justified in holding that the accident was the result of rash and negligent driving of the car.9. ..... 63 and 67 of 1977 vehemently contended that the tribunal was not justified in holding that the accident was the result of rash and negligent driving of the car. ..... the tribunal appreciating the evidence on record, held that the accident was the result of rash and negligent driving of the taxi, and in that view, it awarded compensation of rs. ..... since all these arise out of the same accident and arise out of the common judgment, these cases were clubbed together and arguments were heard.2. .....

The New India Assurance Co. Ltd. Vs. Mrs. Pandyat Kuniyil Pushpavally ...

Court : Kerala

Reported in : I(1996)ACC366

..... is clear that the contesting respondents have not even attempted to prove the specific case put forward by them that the accident was an inevitable accident. ..... of 1985 calling upon the appellant to produce the copy of the policy of the vehicle involved in the accident giving the policy number as 4226606096 4226606096 and stating that he has lost the original policy issued to him. ..... apart from challenging the findings regarding negligence of the driver of the insured vehicle involved in the accident and the quantum of compensation entered by the tribunal, the appellant has raised a contention that its liability under the policy is only upto ..... contended that the accident was an inevitable one. ..... raising proper contentions and establishing such contentions by adducing necessary evidence in view of the fact that neither the claimants nor the owner have disclosed the policy particulars of the vehicle involved in the accident either voluntarily or in response to the application filed by the appellant before the tribunal as i.a. no. ..... the circumstances, we find no reason to interfere with the finding of he tribunal that the accident was occurred due to the rash and negligent driving of the lorry by its driver.6. ..... a5 plan of the place of accident, the tribunal came to the conclusion that the accident occurred due to the rash and negligent driving of the lorry by its ..... claimants alleged that the accident occurred solely due to the rash and negligent driving of the lorry by the 7th respondent, the .....