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20. This Court has considered the principles of the law on
negligence in Jacob Mathew v. State of Punjab and Another, (2005)
6 SCC 1. The jurisprudential concept of negligence defies any
precise definition. Eminent jurists and leading judgments have
assigned various meanings to negligence. The concept as has been
acceptable to Indian jurisprudential thought is well-stated in the
Law of Torts, Ratanlal & Dhirajlal (24th Ed. 2002, edited by Justice
G.P. Singh). It is stated (at pp. 441-442) :
"Negligence is the breach of a duty caused by the omission to
do something which a reasonable man, guided by those
considerations which ordinarily regulate the conduct of human
affairs would do, or doing something which a prudent and
reasonable man would not do. Actionable negligence consists in
the neglect of the use of ordinary care or skill towards a person
to whom the defendant owes the duty of observing ordinary
care and skill, by which neglect the plaintiff has suffered injury
to his person or property #. the definition involves three
constituents of negligence: (1) A legal duty to exercise due care
on the part of the party complained of towards the party
complaining the former's conduct within the scope of the duty;
(2) breach of the said duty; and (3) consequential damage.