K.T.THOMAS, R.P.SETHI
Kaushnuma Begum – Appellant
Versus
New India Assurance Co. Ltd. , – Respondent
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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.