vehicle, where such injury or death resulted from the Good Samaritan's negligence in acting or failing to act while rendering emergency medical
heirs/legal representatives, in the case of death, on proof of
negligence on the part of the driver of a motor vehicle would ... liability and that it is not necessary to prove
any negligence on the part of the driver, held that the liability of the
owner
Constitution of India
India
Constitution of India
CONTITUENTASSEMBLY 00 of 1950
Published in Gazette 00
submitting that driving at a high-speed by itself does not imply negligence or rashness. Negligence or rashness would have to be established ... high-speed" does not bespeak of either "negligence" or "rashness" by itself. None of the witnesses examined by the prosecution
claim any
compensation since the accident occurred on account of his
own negligence. The insurance company had no liability.
The compensation claimed was exorbitant ... Tribunal and since the accident was caused by his own
negligence, the insurance company was not liable.
6. The only argument attempted on behalf
connecting of wires should be by crimping and not by hammering.
The negligence on the part of DVB in maintaining the transformers and repairs ... starting of the fire in the transformer happened due to the
negligence of DVB, but if the owner had taken the necessary usual precautions
from other
occupations. In the context of the law relating to
Professional Negligence the learned authors have accorded
professional status to seven specific occupations, namely ... medical practitioners and (vii) insurance
brokers. [See : Jackson & Powell on Professional Negligence,
paras 1-01 and 1-03, 3rd Ed.1.].
In the matter
engine and
5
mechanical defect in the car and there was no negligence
or rashness on his part.
8. The 2nd Adhoc Additional Sessions Judge ... extend to
Rs. 1000/-, or with both.
22
31. Causing death by negligence is an offence
under Section 304A. It reads :
"S.304A. - Causing
Scope of--Claim for compensation in motor vehicle
accidents Proof of negligence of driver--If necessary.
Torts--Claim for compensation in motor vehicle acci-
dents ... Proof of negligence of driver--If necessary.
HEADNOTE:
While the respondent was travelling in his car, the appel-
lant's truck, driven
special leave petition, this Court
405
HELD: 1. Where a pedestrian, without negligence on his
part, is injured or killed by a motorist whether negligently ... Compensation
of Rs. 15,000 can be claimed without proof of any negligence
on the part of the owner of the vehicle