Rogers, at page 4, it isstated under the "Definition
of tortious liability"that "(T)ortious liability arises
from the breach ... which are rather uncertain that there may be concurrent
contractual and tortious liability tothe same plaintiff,
though he may not of course,recoverdamages twice over
supra), at p. 414, analysed the elements of tortious liability for negligence in these words:
"That the plaintiff must prove a duty owed ... done. It is not the act but the consequences on which tortious liability is founded. Just as (as it has been said), there
motor vehicle as may give rise to a tortious liability, such as, rash or negligent driving. As a corollary it necessarily follows that the Claims ... Tribunal has to adjudicate upon claims on the basis of the tortious liability of the tortfeasor brought before it, of necessity, such disputed claims
Tribunal has to adjudicate upon claims on the basis of the tortious liability of the tortfeasor brought before it, of necessity, such disputed claims ... question as they would also remain in the domain of tortious liability. It is also well settled that once it is decided that the accident
services of defendant No. 4 as an independent contractor, the tortious liability incurred by defendant No. 4 can certainly be foisted also on the shoulders ... strictly confined to determination of the question of tortious liability and we have nothing to say about the statutory liability and penalty, if any, which
well as the NHAI and the state, for alleged
negligence and tortious liability. In those proceedings, the court is bound to record
evidence and render
kind of absolute liability within the vista, stretch and reach of tortious liability on the part of the owner when the vehicle is used. This ... victims of motor accidents. Further, the Division Bench said a tortious liability generally arises on the basis of a default in not taking care
liability and making the room for the principle of no fault liability. It contemplates the principle of no fault liability making the owner, driver ... liability for the aforesaid object. In short, by introduction of Section 163 A, the ambit of liability under the Act is expanded covering non-tortious
jurisdiction exercisable by civil court ordinarily to enforce claims founded on tortious liability and the Tribunal is, therefore, possessed of inherent jurisdiction like a civil ... forum's jurisdiction (albeit with respect to cases of tortious liability arising from a motor accident only) is obviously plenary like a civil court
learned counsel for the parties:
"(1) Whether no tortious liability arises against the defendants because they are merely making a lawful use of their ... defendant is using his land and that absolves him of his tortious liability."
20. Point No. 2 was already exhausted because the case
