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Chani Bewa And Ors. vs State Of Orissa And Ors. on 31 August, 1993 cites

Smt. Kumari vs State Of Tamil Nadu And Others on 14 January, 1992

3. The question that arises for consideration is whether the opposite party Nos. 1 and 2 who are the owners of the road as well as the trees standing thereon are absolved of their responsibility and liability in the facts and circumstances of the present case, merely by selling the tree to somebody else one day prior to the occurrence? The answer must be in the negative. Opposite party Nos. 1 and 2 being the owners of the road as well as the trees standing on the road are duty-bound to take such reasonable care as a reasonable man ought to take, so that any person either while going on the road or waiting underneath any tree standing on the road does not sustain any injury on account of falling of the branch from the tree in question. The liability of opposite party Nos. 1 and 2, in fact, cannot be questioned in view of the decision of the Supreme Court in the case of Kumari v. State of Tamil Nadu 1992 ACJ 283 (SC).
Supreme Court of India Cites 1 - Cited by 59 - K Singh - Full Document

Padma Behari Lal vs Orissa State Electricity Board And Anr. on 31 July, 1991

A Bench of this court in the case of Padma Behari Lal v. Orissa State Electricity Board 1992 ACJ 554 (Orissa), had also held the State Electricity Board liable and awarded compensation against the Board when a cyclist driving on the public road in the night came in contact with a live hanging wire which had been detached from the electric pole and succumbed to the injury in question. In the premises, as aforesaid, we have no hesitation to come to the conclusion that opposite party Nos. 1 and 2 are liable to pay compensation to the widowed mother of the deceased. The mother was 40 years old on the date of death of the deceased. Taking into account the earning of the deceased as mentioned in the writ application and the age of the mother on the date of the accident, we think an amount of Rs. 35,000/- (thirty-five thousand) would be the reasonable compensation. We accordingly direct the opposite party Nos. 1 and 2 to pay the said amount of compensation to petitioner No. 1 within a period of eight weeks from today failing which the amount will carry interest at the rate of 18 per cent per annum from the date of the order till payment.
Orissa High Court Cites 1 - Cited by 23 - Full Document
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