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Law Dictionary Home Dictionary Definition accident

Accident, anything that happens, an unforeseen or unexpected event, a chance, a mishap, an extraordinary incident; something not expected. It is also a head of equitable jurisdiction, which was concurrent with that of the Courts of Law. Means an unlook for mishap or an untoward event which is not expected or designed, Fenton v. Thorley & Co. Ltd., 1903 AC 443: 72 LJKP 787: 89 LT 314 (HL). The meaning to be attached to the word accident,' in relation to equitable relief, is some unforeseen and undersigned event, productive of disadvantage and not due to negligence or misconduct on the part of the person seeking relief. The cases in which equity may give relief under certain conditions are (1) lost or destroyed documents. (2) Imperfect execution of powers. (3) Erroneous payments, e.g., by personal representatives. In logic, something, in any subject, person, or thing not belonging to the essence. See ESSENCE. The popular and ordinary sense of the word 'accident' means the mishap or an untoward happening not expected and designed to have an occurrence is an accident, Regional Director, E.S.I. Corporation v. Francis De Costa (1993) Supp 4 SCC 100 (104): 1994 SCC (L&S) 195. Means an accident involving a fortuitous or sudden or unintended occurrence while handling any hazardous substance resulting in continuous or intermittent or repeated exposure to death of, or injury to, any person or damage to any property or environment but does not include an accident by reason only of war or radio-activity. [National Environment Tribunal Act, 1995 (27 of 1995), s. 2 (a)] Means an accident involving a fortuitous or sudden or unintended occurrence while handling any hazardous substance resulting in continuous or intermittent or repeated exposure to death of, or injury to, any person or damage to any property but does not include an accident by reason only of war or radioactivity. [Public Liability Insurance Act, 1991 (6 of 1991), s. 2 (a)] Means an explosion of a boiler or steam-pipe or any damage to a boiler or steam-pipe which is calculated to weaken the strength thereof so as to render it liable to explode. [Indian Boilers Act, 1923 (5 of 1923), s. 2 (a)] An accident is an occurrence or an event which is unforeseen and startles one when it takes place but does not startle one when it does not take place. It is the happening of the unexpected, not the happening of the expected, which is called an accident. In other words an event or occurrence the happening of which is ordinarily expected in the normal course by almost every one undertaking a rail journey cannot be called an 'accident' , Union of India v. Sunil Kumar Ghosh, (1984) 4 SCC 246: AIR 1984 SC 1437 (1740). (Railways Act, 1890 s. 82A) Means an untoward mishap which is not expected or designed, Jyothi Ademma v. Plant Engineer, Nellore, (2006) 5 SCC 513. The popular and ordinary sense of the word 'accident' means the mishap or an untoward happening not expected and designed to have an occurrence is an accident. It must be regarded as an accident, from the point of view of the workman who suffers from it, that its occurrence is unexpected and without design on his part, though either intentionally caused by the author to the act or otherwise, Regional Director ESI Corpr v. Froncis De Costa, 1993 Supp (4) SCC 100 (106). [Employees State Insurance Act, 1948, s. 2(8)] Means an untoward mishap which is not expected or designed, Jyothi Ademma v. Plant Engineer, Nellore, AIR 2006 SC 2830. An accident is not the same as an occurrence, but something that happens out of the normal or ordinary course of things, Sukhdev Singh v. Delhi State (Government of NCT of Delhi), (2003) 7 SCC 441. [Penal Code (45 of 1860), s. 80]

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