Court : Supreme Court of India
..... department over the distillery and godown: effect of............50 negligence.................................................................................................................................52 act of god...................................................................................................................................56 inevitable accident................................................................................................................61 res ipsa loquitur....................................................................................................................63 the respondent company remains liable...............................................................65 insurance coverage only ..... of department over the distillery and godown: effect of............50 negligence.................................................................................................................................52 act of god...................................................................................................................................56 inevitable accident................................................................................................................61 res ipsa loquitur....................................................................................................................63 the respondent company remains liable...............................................................65 insurance coverage .....
Tag this Judgment!Court : Delhi
..... . it was further held that an act of god does not take in any and every inevitable accident and that only those acts which can be traced to natural causes as opposed to human agency would be said to be an rfa no.113/2019 page 13 of 17 act of god .....
Tag this Judgment!Court : Delhi
..... it was further held that an act of god does not take in any and every inevitable accident and that only those acts which can be traced to natural causes as opposed to human agency would be said to be an act of god. ..... of such consignment or the whole of any package forming part of such consignment is not delivered to the consignee or the endorsee and such non-delivery is not proved by the railway administration to have been due to fire or to any accident to the train; or rfa no.398/2006 page 6 of 20 (b) where in respect of any such consignment or of any package forming part of such consignment which had been so covered or protected that the covering or protection was not readily removable .....
Tag this Judgment!Court : Delhi
..... the fire that broke out on the night of 27.04.1995 at shop no.60-60a, lajpat nagar, new delhi was an inevitable accident not capable of being avoided by the exercise of ordinary care and caution and certainly it was not caused intentionally by the defendant no.1. .....
Tag this Judgment!Court : Chennai
..... 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 ..... inevitable accidents ..... 'act of god' is an inevitable accident, which happens not only without the concurrence of the will of the man, but in spite ..... failure which cause or results in an accident cannot be attributed to an 'act of god' or be termed as 'inevitable accident'. ..... acj 1090, thebombay high court held as follows: "it is submitted that merely by contending that there was no complaint in respect of the tree under which the petitioner's husband got crushed and suffered the fatal accident and died cannot entitle them to raise a plea of vis major (act of god) and, therefore, in absence of any defence, there can be no hesitation on the part of the respondents to arrive at ..... " "an inevitable accident is an event which happens not only without the concurrence of the will of the man, but in ..... and circumstances of the case, at paragraph no.10, the orissa high court, held that, "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 ..... an 'act of god' is an inevitable or unavoidable accident without the intervention of man; some casualty which the human foresight could not discern and from ..... accidents may be inevitable .....
Tag this Judgment!Court : Supreme Court of India
..... in nutshell, what needs to be examined is as to whether the damage to the property of the appellant herein was the result of an inevitable accident or unavoidable accident which could not possibly be prevented by the exercise of ordinary care, caution and skill, i.e. ..... on these facts, two aspects need consideration, which are: (a) whether the act of releasing the water from the dam would amount to negligence on the part of the respondents or it was inevitable due to heavy rains and is to be treated as an 'act of god'?. ..... the aforesaid principle has withstood the test of time as it is not only followed by the courts in england in subsequent judgments repeatedly, even this court has adopted in certain cases and extended to cover accidents arising out of use of motor vehicles on road. ..... it may be due to negligence, nuisance, trespass, inevitable mistake etc. ..... it was an accident physically unavoidable. .....
Tag this Judgment!Court : Karnataka
..... notwithstanding anything to the contrary contained in the policy it is hereby understood and agreed that the insurer will indemnify the insured against the insured's liability at common law and statutory liability under the fatal accidents act, 1855 for compensation (including legal costs of any claimant) for death of or bodily injury to any employee (other than paid drivers) of the within named insured being carried in or upon or getting on ..... , it was not due to rash or negligent act of the driver but it was an inevitable accident. ..... amended his petition by seeking enhanced compensation while filing additional objection to the amended petition, the company contended that at para-5 "it is submitted that the petitioner as on the date of accident was traveling in the car during the course of his employment with the insured and the risk of such persons is not covered under the terms and conditions. ..... balakrishnan and another, 2013 acj 199 submits that the policy in question is a package policy and whoever was travelling in the vehicle at the time of the accident is entitled for the benefit of contractual liability between the owner and the insurer, it does not matter that the claimant was an employee under the owner ..... both these are appeals preferred assailing the judgment and award passed by the xvi additional judge, motor vehicles accident claims tribunal-14, bangalore city, ('the tribunal' for brevity) whereby the injured claimant is awarded a compensation of rs.15,79,000/- along .....
Tag this Judgment!Court : Kerala
..... to succeed in such a defence the opposite party will m.a.c.a.nos.63 & 351/13 -13- 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 possible causes he must show ..... the apex court, rejecting the defence of inevitable accident pleaded by the opposite parties, held that to establish a defence of inevitable accident the opposite parties will have to prove that the cause of the accident could not have been avoided by exercise of ordinary care and ..... may at once be stated that though the opposite parties had pleaded that this is a case of inevitable accident they have not lead any evidence to establish their plea. ..... though the opposite parties had pleaded that it is a case of inevitable accident m.a.c.a.nos.63 & 351/13 -12- they had not lead any evidence to establish such a ..... the case on hand, no attempt was made by the respondents to raise a specific plea of inevitable accident before the tribunal. ..... burden rests on the opposite party to prove the inevitable accident. ..... pw1 and found on the evidence that 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. .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Kerala
..... on the other hand, the learned counsel for the insurance company submitted that even going by the evidence of pw1, the injured, no negligence is made out and it is an inevitable accident and so the tribunal was perfectly justified in m.a.c.a.1151/09 - :3. ..... the appellant filed application for compensation before the tribunal for the injuries and consequential disability sustained by him in a motor vehicle accident caused on account of the negligent driving of the scooter, in which, he was travelling as a pillion rider, driven by the 2nd respondent, owned by the 1st respondent and insured with the 3rd respondent. ..... it is true that pw1 had stated before the court below that the accident occurred when the rider of the scooter applied sudden brake while a pedestrian crossed the road suddenly and due to that, he was thrown away from the vehicle and sustained injuries. ..... (m.v).no.1994/2000 on the file of the motor accidents claims tribunal, ernakulam, is the appellant herein. ..... smt.s.jayasree this motor accident claims appeal having been finally heard on 24-07-2013, the court on the same day delivered the following: s.siri jagan & k.ramakrishnan, jj.================== m.a.c.a.no. ..... we hold that the accident occurred due to negligent driving of the vehicle by the 2nd respondent.7. ..... it is an admitted fact that when the appellant was travelling in the scooter driven by the 2nd respondent as a pillion rider, the accident occurred. .....
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