SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2001 Supreme(Ker) 4

K.T.THOMAS, R.P.SETHI
Kaushnuma Begum – Appellant
Versus
New India Assurance Co. Ltd. , – Respondent


Judgment :-

1. Leave granted.

2. Can a claim be maintained before the Motor Accident Claims Tribunal ('Tribunal' for short) on the basis of strict liability propounded by Rylands v. Fletcher, 1861-1873 All England Reports 17? The Tribunal dismissed a claim made before it solely on the ground that there was neither rashness nor negligence in driving the vehicle and hence the driver has no liability, and the corollary of which is that the owner has no vicarious liability to pay compensation to the defendants of the victim of a motor accident. A Division Bench of the High Court of Allahabad dismissed the appeal filed by the claimants by a cryptic order stating that there is no error in the Tribunal's order. Hence this appeal by special leave.

3. The accident which gave rise to the claim occurred at about 7.00 p.m. on 20.3.1986. The vehicle involved in the accident was a jeep. It capsized while it was in motion. The cause of the capsize was attributed to bursting of the front tyre of the jeep. In the process of capsizing the vehicle hit against one Haji Mohammed Hanif who was walking on the road at that ill-fated moment and consequently succumbed to the injuries sustained in that acciden






























Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top