In cases involving falls or mishaps (e.g., Fel Down), courts tend to classify them as accidents if they are sudden, unforeseen, and not due to deliberate misconduct.
Analysis and Conclusion:
References: - Rajasthan State Road Transport Corporation VS Smt. Rahissa w/o Lt. Mushtaq - Rajasthan: Discusses liability and negligence in motor accidents, implying that accidents are events caused by unforeseen circumstances. - SABITRI ROUT AND OTHERS vs GM ECOR - Railway Claim Tribunal: Highlights that an untoward incident (which could include falls) is considered an accident if it arises out of employment or unforeseen circumstances. - Other sources analyze whether incidents are accidents based on their suddenness, unforeseen nature, and absence of misconduct.
Summary:
Fel Down, if it is a sudden, unforeseen event not caused by deliberate misconduct or negligence, is generally considered an accident under legal standards. The classification depends on the circumstances, specifically whether the event was accidental and not due to rashness or intentional acts.
Whether the bus driver and conductor were negligent. 2. Whether the deceased was contributorily negligent. 3. ... MOTOR ACCIDENT - DEATH OF PASSENGER - LIABILITY OF BUS DRIVER AND CONDUCTOR - CONTRIBUTORY NEGLIGENCE - QUANTUM OF COMPENSATION ... The accident occurred at night on a poorly lit road. The deceased's brother, Sher Mohammad, had already disembarked safely. ... In view of the above, this Court is of the considered opinion that the present appeal of the appellant-RSRTC does not have any merit ....
civil surgeon treated appellant, on what basis the certificate was issued, whether certificate of disability was calculated on the ... permitted to be raised for the first time before Apex Court that certificate of disability was obtained after two years, not known whether ... eksVj ;ku vf/kfu;e] 1988] /kkjk 168] 173 & 60% fukDrrk ds ekeys esa leqfpr izfrdj & 34 o"khZ; eksVj feL ... It is not known as to whether the Civil Surgeon of the hospital treated the appellant. On what basis, such a certificate was issued two yea....
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Finding of the Court: The court held that the accident occurred due to the rash and negligent riding of the motorcycle ... The judgment in Magma General Insurance Company (Supra) which considered the constitution Bench judgment in the case of Pranay Sethi and the judgment in Satindar Kaur which again considered both the judgments in Pranay Sethi and Magma General Insurance Company are appl icable to the facts obtaining in ... It was also denied that the death of the deceased was due to the injuries sustained in the accident#HL....
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Except Habib-ur-Rahman, Netaji was not known to anybody else and therefore, no witness was aware as to whether in the accident of Taihoku, the person died is the same who had got burn injuries. ... Different articles of Gumnami Baba alias Bhagwanji were considered by Mukherjee Commission. The perusal of the report (page 114 to 122) does not reveal that Mukherjee Commission has considered the articles individually to arrive logical conclusion. ... But the question whether Netaji thereafter landed in Russ....
Highley, 1917 AC 352, Lord Sumner laid down the following test for determining whether an accident "arose out of the employment": "There is, however, in my opinion, one test which is always at any rate applicable, because it arises upon the very words of the statute, and it is ... If the facts and evidence available on record is considered in the light of the above rulings, we are of the considered view that the finding with regard to issue No.1 recorded by the Commissioner is perverse to the evidence available on recor....
We have considered the rival contentions. Hon'ble Supreme Court in the matter of Oriental Insurance Co. Ltd. vs. ... the contract is made, and it is immaterial whether the time of the payment of the price or the time of delivery of the goods, or both, is postponed. ... We are of the considered view that the order passed by the State Commission cannot be faulted. The Apex Court in Oriental Insurance Co. Ltd. v. ... Chander Chadha (supra) dismissed the complaint holding that in terms of the policy issued by the insurance....
Whether the Appticant entitl.ed to get compensation under section 124A of the Raitways Act 1989? 4. Whether the appticants are the dependents of the deceased to receive the compensation as ctaimed? ... Whether the death of deceased was due to any untoward incident as defined under section 123 (c) of Raitways Act 19g9? 2. ... Whether the deceased was travetting as a bona fide passenger of the train at the time of occurrence of the untoward incident? 3. ... Bishun Narain lnter Cottege and Ors reported as MANU/SC/0043119....
Apex Court has kept this question undecided whether it was justified or not. ... Therefore, the question would be whether the Insurance Company can repudiate the claim on the alleged ground of breech of some provisions of the Motor Vehicles Act, or some other Act."" ... It is not in dispute that respondent was not possessing a permit of the said vehicle on the date // 14 // of accident. ... Karan Mehra for petitioner was that the respondent was not having permit authorising the use of vehicle in question as tra....
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