Judgment Search Results Home > Cases Phrase: inevitable accident Sorted by: recent Court: andhra pradesh Page 1 of about 820 results (0.106 seconds)

United India Insurance Co. Ltd.Hyderabad and Another Vs. Union of Indi ...

Court : Andhra Pradesh

..... of making out at least a prima facie case of negligence as against the defendant lies heavily on the plaintiff, but once the onus is discharged, it will be for the defendant to prove that the incident was the result of inevitable accident or contributory negligence on the part of the plaintiff. ..... which resulted in rolling down of the wagons on the railway line in side the premises of ntpc causing substantial damage to the crane owned by the 2nd plaintiff and insured with the 1st plaintiff and as the accident occurred due to the negligence and improper handling of the rake at the inter-exchange point, the defendant railway is liable to pay the damages claimed by the plaintiffs. ..... evidence adduced on behalf of the appellants-plaintiffs is solely unsatisfactory to fix the negligence on the part of the respondent-railway for occurrence of the accident resulting in damage to the crane and its fabricated structures owned by the 2nd appellant-2nd plaintiff. ..... a nutshell, the contention of the learned counsel is that the defendant railway was solely responsible for the accident and the same had occasioned due to negligence and carelessness on the part of the defendant railway. ..... , the ntpc authorities diverted the rake towards abandoned track in order to prevent the rake hitting the wagons from which material was being unloaded by labourers on the other track, and therefore, the accident occurred due to the decision of the ntpc authorities and the defendant-railway was nothing to do with it. .....

New India Assurance Company Limited Vs. Andhra Fishermen Central Co-op ...

Court : Andhra Pradesh

Reported in : I(2003)ACC303; AIR2003AP231; 2003(1)ALD299

..... 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 ..... in the law lexicon at page 966, while dealing with the perils of the sea it was stated as hereunder:perils of the sea: they are strictly the natural accidents peculiar to the water, but the law has extended this phrase to comprehend events not attributable to natural causes, ascaptures by pirates, and losses by collision, where no blame is attachable to either ship, or at all events to ..... counsel further commented that the respondent/ plaintiff had not let in any evidence to prove and establish that the breaking of the propeller shaft was in consequence of accident and the learned trial judge having accepted the same, at paragraph 13 of the judgment, had totally erred in decreeing the suit. ..... counsel further contended that the liability of the insurance company could be made only if there was an accident or a peril attributable to the conditions of weather in the sea or an accident of navigation, but for those conditions, which would not have resulted in a loss. .....

United India Insurance Company Limited, Tirupati Branch, Tirupati Vs. ...

Court : Andhra Pradesh

Reported in : II(2002)ACC326; 2003ACJ191; 2002(3)ALD817; 2002(2)ALT700

..... in the event of death of a victim of a motor accident and the consequent harm caused to his dependents, the question whether the person responsible for the action causing harm had committed a fault or it was an inevitable accident, is hardly relevant from the point of view of victim or ..... commission of india in its 119th report in the introductory chapter observed (para 1.6) that previously there was recommendation for inserting provision in the motor vehicles act to extend protection to victims of 'hit-and-run' accidents where the person liable to pay such compensation or his whereabouts cannot be ascertained after reasonable effort by providing that in such an event, the person entitled to such compensation shall be entitled to receive it from the ..... provisions contained in section 109-a to 109-c of the act providing for a scheme for granting relief to victims or the legal representatives of victims of 'hit-and-run, motor vehicle accident cases is another novel effort on the part of the government to remedy the situation created by the modern society which has been responsible for introducing so many fast-moving vehicles on ..... avoid long drawn litigation and delay in payment of compensation to the victims or his heirs who are in dire need of relief.22(6) award of compensation under section 163a is on a predetermined formula for payment of compensation to road accident victims and that formula itself is based on criteria similar to determining the compensation under section 168. .....

M. Lakshminarayana Vs. Presiding Officer, Labour Court-ii, A.P., Hyd. ...

Court : Andhra Pradesh

Reported in : 2000(5)ALD130; 2000(6)ALT705; [2000(87)FLR34]

..... having held that the petitioner-driver cannot be found fault with fully and in order to save the calf the vehicle had to be swerved resulting in an inevitable accident, the labour court ought to have moulded the relief keeping in view the service put in by the petitioner and the future service he would be rendering to ..... the learned counsel for the petitioner submits that the labour court having found that the petitioner was not negligent in driving the bus and on account of certain unforeseen circumstances the accident took place and further taking into consideration the fact that the petitioner was acquitted in the criminal case, held that the punishment of removal from service imposed on the petitioner, was disproportionate ..... scrutiny of the various statements by the various persons including the driver it is made clear that at the relevant time of accident on account of the calf coming to the middle of the road suddenly creating confusion to the driver to avoid hitting the calf resulted in the driver swerving to left again on seeing a person crossing the road the accident occurred as the driver could not have any control over the situation. ..... of the fact that he was also acquitted in the criminal case, the circumstances under which the accident has taken place the labour court could have been viewed in a proper perspective. ..... disciplinary enquiry was initiated against the petitioner for causing the accident by negligent driving of the bus and by order dated 28-7-1988 he was removed .....

M/S. Milap Carriers, Transport Contrs. and Commissions-agents Vs. Nati ...

Court : Andhra Pradesh

Reported in : II(1994)ACC7; 1995ACJ745; AIR1994AP24; 1993(3)ALT647

..... urged before me by learned counsel for the defendant, that the exception applies to the case before me as, according to counsel, any event beyond the control of the defendant, any circumstances not of his creation, must be taken to be an inevitable accident, and that according to him, is synonymous with what is generally understood as vis major or act of god. ..... nothing has come on record to suggest that the accident was deliberate mishap or there was any negligence or default of the driver for which the owner of the truck was vicariously liable. ..... how can it be suggested that the defendant could anticipate the accident? .....

United India Fire and General Insurance Co. Ltd. Vs. Malla Rama Devi a ...

Court : Andhra Pradesh

Reported in : [1983]53CompCas362(AP)

..... other words, the theory of inevitable accident is invoked by the appellant ..... thus dispenses with the initial onus of proof cast upon the claimants and the burden of proof is shifted to the owner and the driver of the vehicle to establish that the accident occurred without any fault on their part and that despite all reasonable care taken by them the latent defect could not be discovered. ..... may cause hardship to the claimant, because it may be that the true cause of the accident is not known to the claimant and is within the exclusive knowledge of those sought to be mulcted with damages or it may be that the accident took place-in such circumstances as to render it practically impossible for any one to speak to its happening just like in a case of a sudden accident on a highway where there are no witnesses or where persons who could speak to the occurrence ..... is no pleading in the counter filed by the owner of the vehicle as to the condition of the tyre which burst, but also no evidence was let in to establish that the tyre, that led to the accident, was in a perfect condition to be used and that the tyre was being checked or examined at regular intervals.7. ..... tribunal is erroneous and unsustainable, that proof of negligence is necessary before the owner of a vehicle or the insurance company, with which the vehicle is insured, can be held to be liable for the payment of compensation in a motor accident claim case and that it is so held by their lordships of the supreme court in minu b. .....

K. Narayana Reddiar Vs. P. Venugopala Reddiar

Court : Andhra Pradesh

Reported in : AIR1976AP184

..... it was submitted that it was either due to a manufacturing defect or it was, at any rate, an inevitable accident which could not be foreseen and which could not be attributed to any negligence on the part of the owner ..... is contented on behalf of the claimant that once we arrive at the conclusion that there was no defect in the manufacture of the stub axle it would follow that the accident was due to the negligence of the owner or the driver having regard to the principle res ipsa loquitur in the absence of any other explanation on the part of the ..... the principles enunciated in the above decisions to the present case it is seen that the vehicle was in the complete control of the appellant and as the accident of this nature does not happen in the ordinary course, it affords reasonable evidence in the absence of explanation by the defendant that it arose for want ..... it was submitted that as the vehicle was under the sole control of the appellant and its driver and as the accident admittedly took place due to the breakage of the stub axle and as there is no other explanation for that breakage it has to be concluded that the breakage of the axle was due to the negligence of ..... veluswami, : [1962]1scr929 (supra) where it was held that in awarding damages under sections 1 and 2 of the fatal accidents act, there shall not be duplication of the same claims, and that if any part of the compensation representing the loss to the estate goes into the calculation of the personal loss under section .....

Kadali Satyanarayanamma and ors. Vs. Sayyapu Raju Ramakrishna Raju and ...

Court : Andhra Pradesh

Reported in : 1997(1)ALT345

..... , the husband of the claimant must have fallen on the road with lot of traffic whereby the accident was inevitable and not due to the negligence of the first respondent, the driver of the vehicle. ..... the first appellant's right leg was amputated upto the knee level due to the injuries suffered by her in a motor accident which occurred on 16-1-1988 when the bicycle, on which she was going with her husband, was hit by an rtc bus aaz 6030 by its driver r-1 and the bus belonging to r-2. ..... the claimant, in such a situation, must have suffered shock at the time of the accident apart from excruciating pain at the time of amputation of the leg physically, thereafter during the healing process and thereafter the mental pain due to loss of a major portion of the right lower limb during her ..... the right leg of the first claimant, the victim of the accident, was crushed under the wheels of the bus, the muscles beneath were exposed, in addition to the compound fracture of the leg bones were mixed with dust and muck in the wound and amputated ultimately. ..... the date of the accident in sapana's case, 1988 acj 113 = 1987 (2) alt 349 was 24-4-1978 whereas 16-1-1988 is the date of accident in the present case. ..... 10,000/- may be a reasonable sum to ameliorate to some extent the consequences of the accident.7. ..... it cannot be forgotten that she was going with her husband on a bicycle after witnessing a film and her emotions upset in addition to future dreams were totally shattered due to such an accident. .....

Kommuru Krishnamurthy Vs. the State of Andhra Pradesh

Court : Andhra Pradesh

Reported in : AIR1961AP283

..... the government in defence pleaded that the driver was not guilty of negligence or rash driving and the accident was inevitable, that even otherwise action in damages lay only against the driver and that the suit as against the government for the tortious acts of its servants is untenable in law and further in any event, ..... trial court after examining five witnesses on behalf of the plaintiff and two on behalf of the defendant came to the conclusion that the accident was the direct result of the negligence and rash driving of the road roller driver and that it was not true that it was inevitable, for it could be avoided with ordinary skill and care. ..... no doubt in our mind that the boy was first hit by the edge of the roller and then as he fell his right palm was crushed under the front wheel of the roller and this accident was due to the rash driving of the defendant's servant.6. ..... the driver gave a report of the accident to the police station on that very ..... the question of fact is, whether the accident resulting in the loss of the right wrist of the plaintiff was due to the negligence and rash driving of mohiuddin, the road roller driver of the ..... blacksmith on his duty nearby adjacent to the road, described the accident almost in similar terms. ..... not disputed that the driver was in the employment of the defendant when the accident took place. ..... after the accident, the driver and cleaner ..... care and ordinary skill which is normally expected of a driver would have easily averted this accident. .....

Singareni Collieries Company Ltd., Personal Department and Others Vs. ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... two aspects have to be noted, one the inevitable nature of the treatment for the injuries the first respondent sustained in the accident and secondly the negligence of the doctors of the appellant hospital as also the effect of their negligence in administering the treatment to the first respondent in contract to the subsequent treatment that the first respondent had undergone at ..... the first respondent while proceeding as pillion rider on scooter on 22.4.1995 met with an accident and he was taken to the hospital of the appellant company. ..... the first respondent while proceeding on a scoter met with an accident at about 8 a.m. ..... negligent and the negligence on their part by itself would not entitle the first respondent to claim the damages for the treatment and surgery he had been subjected to, in view of the injuries that he sustained in the accident. ..... in the case on hand the doctors of the appellant hospital had not taken the consent of the first respondent who was very much conscious of the injuries that he sustained in the accident. ..... the first respondent was admitted for treatment of injuries that he sustained in the accident. .....