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The Managing Director, T.P.T. ... vs Sellamuthu And Ors. on 1 October, 1992 cites

Province (State) Of Madras, ... vs I.S. And C. Machado, A Registered Firm Of ... on 17 December, 1954

In Province of Madras v. I.S. and C. Machando (supra) the Division Bench referred to what constitutes an act of God and it was found on the evidence that there was nothing overwhelming or could not have been anticipated in relation to the loss sustained and, therefore, the claim for the value of the rice bags lost was quite in order. This decision does not in any manner assist the Corporation, for, it has been found on an appreciation of the evidence relating to the matter in which the accident took place that there was lack of care and caution on the part of the driver of the bus TML 8364 and the accident could be regarded one which had taken place as a result of the operation of the natural forces which no human foresight can provide against and of which prudence is not bound to recognise the possibility. Indeed, it can be said in this case that but for the act of the driver of the bus TML 8364 in driving across the submerged bridge, there would have been no accident whatever from act of God.
Madras High Court Cites 2 - Cited by 27 - Full Document

K. Vasantha And Ors. vs Venugopal Achari And Ors. on 2 February, 1987

Again in K. Vasantha and three Ors. v. Venugopal Achari and two Ors. (supra), it was reiterated that amounts paid towards family benefit could not be deducted and in so holding, reference has been made to a decision of an earlier Division Bench to the effect that an ex-gratia payment made by the Government should not be taken into account in calculating the compensation payable, which is on different principles. In view of the principles referred to above, the Tribunal was in error in deducting a sum of Rs. 5,000/-from out of compensation amount of Rs. 20,000/- determined by it. It is further seen that the first appellant had lost by reason of the death of Sornammal, the love and affection of his wife as well as the consortium and the children have lost for ever the kindness, love and affection of the mother, besides the benefit of her service till they attain a footing in life. Taking into account these aspects, it would be just, fair and reasonable to award to the appellants in C.M.A. No. 410 of 1990 a total compensation in a sum of Rs. 30,000/- in respect of the death of Sornammal, together with interest at 12% per annum from 10.1.1986 till the date of payment, credit being given to payments, if any made meanwhile. Out of the amount of Rs. 30,000/- each of the six appellants would be entitled to Rs. 5,000/- together with interest as stated earlier and the share of minor appellants 4 to 6 will remain invested as a Fixed Deposit in a nationalised or schedule bank on cumulative basis till such time as each of the minors attains majority. The award in M.C.O.P. No. 17 of 1986 will, therefore, stand modified as indicated earlier.
Madras High Court Cites 4 - Cited by 4 - Full Document
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