Judgment Search Results Home > Cases Phrase: inevitable accident Sorted by: old Court: karnataka Page 1 of about 1,928 results (0.045 seconds)

K.M. Abdul Subhan Vs. S. Ramaiah

Court : Karnataka

Reported in : AIR1952Kant90; AIR1952Mys90

..... when it is committed, and, an act may be a trespass although it is committed by mistake or without malice.the commission of a negligent act may amount to a trespass though a person who has not been negligent cannot be a trespasser in respect of any involuntary or inevitable accident; see halsbury's laws of england, 2nd edition, vol. .....

Mysore State Road Transport Corporation Vs. Albert Dias and ors.

Court : Karnataka

Reported in : AIR1973Kant240; AIR1973Mys240; (1973)1MysLJ273

..... bus fell down at the place referred to above and that the claimants were two of the passengers in the said bus at that time, pleaded inter alia, that the incident was the result of the inevitable accident, and that it was not on account of any negligence or rashness on the part of the driver of the bus. ..... ' and 'inevitable accident is that which the party charged with the damage could not possibly prevent by the exercise of ordinary care, caution and maritime skill; i know no distinction as regards inevitable accident between cases which occur on land and those which occur at sea.'13. ..... if a case such as this is left in the position that nothing has been proved to render more probable any one of two or more theories of the accident then the plaintiff has failed to discharge the burden of proof incumbent upon him. ..... if the evidence established only that the accident was possibly due to the negligence to which the plaintiffs seek to assign it, their case is not proved. ..... to justify the verdict which they have obtained the evidence must be such that the attribution of the accident to that cause may reasonably be inferred. ..... they alleged that the accident took place on account of the negligence on the part of the driver who was driving the bus belonging to the corporation and, therefore they were entitled to get damages.2. ..... 44 of 1964 on the file of the motor accidents claims tribunal. .....

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. .....

M.S. Rayta and anr. Etc. Vs. Gowrawwa Channabasappa and anr. Etc.

Court : Karnataka

Reported in : AIR1987Kant107; ILR1986KAR3211; 1986(2)KarLJ290

..... (c) that, at all events, the accident was an inevitable-accident not attributable to actionable negligence on the part of the driver but attributable to a mechanical failure and therefore, ..... , the driver of the vehicle and the appellants filed separate defences.the driver contended that the incident was an inevitable-accident and one caused by a mechanical failure. ..... the contentions urged by the learned standing counsel in support of the appeal, admit of being formulated thus :(a) that at the time of the accident the driver was not on the master's duty and was not engaged in the course of employment; but had unauthorisedly taken the vehicle on a 'frolic of ..... and 115 of 1984 respectively, on the file of the motor accident claims tribunal-1, belgaum, awarding compensations in the two actions- one, a fatal accident's action and the other a personal injury action. ..... has held that it is highly improbable that the accident occurred in the manner spoken-to by the driver ..... , aged about 30 years, died and dada peer ' injured in the accident that occurred on the national high way no. ..... the tribunal held that the accident was attributable to the negligence on the part of the driver of the military vehicle and also negatived the contentions urged against the vicarious liability of ..... it was contended that the accident occurred at night .while it was raining; that owing to the jolt caused by the wheels dipping into a pot-hole, the electrical connections to the lights snapped and there was a black-out and .....

Managing Director, Karnataka Power Corporation Ltd. Vs. Geetha and ors ...

Court : Karnataka

Reported in : II(1987)ACC1; AIR1989Kant104

..... alternatively, it is urged that the occurrence was an inevitable- accident.what a driver should do when his eyes are dazzled by the headlamps of an approaching vehicle is to follow this rule-- 'slow down or stop if you are dazzled by approaching ..... rao, learned counsel appearing in support of the appeal, assailed the award under appeal contending,(i) that the finding of the tribunal that the accident was owing to the driver's negligence is erroneous;(ii) that the amount awarded is excessive;(iii) that the claim was barred under s. ..... when the courts award damages to a widow under the fatal accidents act, they award one lump sum calculated by taking the yearly pecuniary loss and multiplying it by a number of years' ..... on a consideration of the evidence, the tribunal held that the accident was attributable to the actionable negligence on the part of the driver of the ..... then again, there is the argument that in fatal accident actions, multiplier for capitalisation of the dependency is based on an assumed return of 5 per cent per annum appropriate to a stable economy and not on the high rate of returns obtaining in the investment marked which are the results ..... these circumstances, we think that interest should be awarded on fatal accident's damages as from the date of service of the writ ............. ..... 1,37,800/- to the dependants of the deceased person in a fatal accident -action.respondent - claimants are the widow and minor children of a certain ravindra, an employee of the appellant- .....

Managing Director, Karnataka Power Corporation Ltd. Vs. Geetha

Court : Karnataka

Reported in : ILR1987KAR142

..... alternatively, it is urged that the occurrence was an inevitable-accident.what a driver should do when his eyes are dazzled by the head lamps of an approaching vehicle is to follow this rule-'slow down or stop if you are dazzled by approaching head lamps. ..... ramachandra rao, learned counsel appearing in support of the appeal, assailed the award under appeal contending:(i) that the finding of the tribunal that the accident was owing to the driver's negligence is erroneous ;(ii) that the amount awarded is excessive ;(iii) that the claim was barred under section 110aa ; and(iv) that, at all events, the rate of interest of 12% awarded by the tribunal is ..... , said:'when the courts award damages to a widow under the fatal accidents act, they award one lump sum calculated by taking the yearly pecuniary loss and multiplying it by a number of years' purchase. ..... on a consideration of the evidence, the tribunal held that the accident was attributable to the actionable-negligence on the part of the driver of the van. ..... then again, there is the argument that in fatal accident actions, the multiplier for capitalisation of the dependency is based on an assumed return of 5 per cent per annum appropriate to a stable economy and not on the high rate of returns obtaining in the investment-market which are the ..... 1,37,800/- to the dependants of the deceased person in a fatal-accident-action.respondent-claimants are the widow and minor children of a certain ravindra, an employee of the appellant-corporation .....

inter State Transports Vs. Pfizer Ltd.

Court : Karnataka

Reported in : II(1987)ACC366; ILR1987KAR2870

..... damage was caused on account of negligence but having alleged i that the damage was caused on account of specific acts of negligence, it was not necessary for the defendant to plead that the damage was on account of the inevitable accident ; it was sufficient for him if he denied that there was any negligence. ..... note was considered by the division bench and it took the view that condition that 'the goods to be sent at owner's risk and that no responsibility would be taken in case of fire or accident' do not and cannot protect a common carrier if the damages flowed from its negligence or misconduct. ..... whether the defendant has proved that the damage to the goods in question was due to the accident sustained by the vehicle which was beyond its (defendant's) control ?11. ..... the representative of the defendant who was examined as d.w.i had no personal knowledge about the accident and he had spoken only on the basis of the records. ..... the defendant having admitted that the vehicle met with an accident, it was incumbent on the defendant to prove further that, that accident was due to reasons beyond its control. ..... though, the carriers act was not in force on the date of the accident, in the light of the decision of this court in hercules insurance co. ..... had to the provisions of the carrier's act, which was applicable to the facts of this case, the trial court was in error in coming to the conclusion that the defendant had not proved that the accident in question was due to reasons beyond its control. .....

Oriental Fire and General Insurance Co. Ltd. Vs. Sathyanarayana Transp ...

Court : Karnataka

Reported in : II(1989)ACC321; [1993]76CompCas135(Kar)

..... the damage was caused on account of negligence; but having alleged that the damage was caused on account of specific acts of negligence, it was not necessary for the defendant to plead that the damage was on account of inevitable accident; it was sufficient for him if he denied that there was any negligence'. 7. ..... for particulars of negligence alleged to have been committed by it and in response to the application calling for particulars, the plaintiff therein had attributed a specific act of overloading and rash and negligent driving which resulted in the accident: 'breaking of the main spring leaf of the front spring near the front end and the result was that the front axle went back on its rear shackle making the lorry turn to the ..... according to the plaintiffs, the consignment was carried in a lorry which, while in transit on october 11, 1974, dashed against a transformer post and as a result of the accident, the transformer caught fire and the goods in the said lorry got damaged on account of fire and in the course of fire- fighting operations. ..... the defendant having admitted that the vehicle met with an accident, it was incumbent on the defendant to prove further that the accident was due to reasons beyond its control.' 9. ..... they are aggrieved by the framing of a fresh issue, which reads thus: 'whether the plaintiff prove that the said accident was due to the negligence of the defendant?' 2. ..... the accident aforesaid was caused due to the negligence of the defendant. .....

Oriental Fire and General Insurance Co. Ltd. Vs. Sree Sathyanarayana T ...

Court : Karnataka

Reported in : ILR1990KAR1286; 1989(2)KarLJ129

..... the damage was caused on account of negligence; but having alleged that the damage was caused on account of specific acts of negligence, it was not necessary for the defendant to plead that the damage was on account of inevitable accident; it was sufficient for him if he denied that there was any negligence.'4. ..... according to the plaintiffs, the consignment was carried in a lorry which, while in transit on 11-10-1974 dashed against a transformer post and as a result of the accident the transformer caught fire and the goods in the said lorry got damaged on account of fire and in the course of fire fighting operations. ..... the defendant having admitted that the vehicle met with an accident, it was incumbent on the defendant to prove further that, that accident was due to reasons beyond its control. ..... they are aggrieved by the framing of a fresh issue, which reads thus:'whether the plaintiffs prove that the said accident was due to the negligence of the defendant?'2. ..... the accident aforesaid was caused due to the negligence of the defendant. .....

Oriental Fire and General Insurance Company Ltd. Vs. Sree Sathyanayana ...

Court : Karnataka

..... the damage was caused on account of negligence; but having alleged that the damage was cause on account of specific acts of negligence, it was not necessary for the defendant to plead that the damage was on account of inevitable accident; it was sufficient for him if he denied that there was any negligence.7. ..... according to the plaintiffs, the consignment was carried in a lorry which, while in transit on 11-10-1974 dashed against a transformer post and as a result of the accident the transformer caught fire and the goods in the said lorry got damaged on account of fire and in the course of fire fighting operations. ..... the defendant having admitted that the vehicle met with an accident, it was incumbent on the defendant to prove further that, that accident was due to reasons beyond its control.9. ..... they are aggrieved by the framing of a fresh issue, which reads thus:whether the plaintiffs prove that the said accident was due to the negligence of the defendant?2. ..... the accident aforesaid was caused due to the negligence of the defendant at para-10 of the plaint, the date 11-10-1974 was referred as one of the dates giving cause of action to the suit, as the date when the consignment was .....