extent of grant of ad-hoc compensation on account of tortious
liability of the State and Respondent - Panchayat Samiti. The relief of
Compassionate Appointment ... have a look at some of the cases where a tortious
liability was fixed on the Employer, in some English Cases and some
cases decided
question of fact arises and there is clear
denial of any tortious liability, remedy under Article 226 of
the Constitution may not be proper ... that, it should not be
understood that in every case of tortious liability, recourse must
be had to a suit. When there is negligence
purview of Section 147 of the M.V.
Act creating tortious liability cannot be indemnified.
Page No.# 7/11
The learned counsel has relied upon ... Torts is that there has to be a tortious liability created in terms of Section
147 of the M.V. Act, the offending party
Edition by W.V.H. Rogers at page 3, defined the tortious liability as follows:
"Tortious liability arises from the breach of a duty ... duty, which is fixed by law, in other words, for tortious liability and one of the remedies provided is an action for unliquidated damages
proved by the claimants as
the claim is based on tortious liability. But, considering the present
cost of medical treatment, the claimant can claim actual ... under this section is based on
2 `no fault liability'. `tortious liability'
MACA.1392/2008 15
Table 1: Difference Between Section
said to be guilty of negligence so as to raise a tortious liability in the event of a passenger falling off an overcrowded compartment ... provisions of Section 67 of the act and no tortious liability can arise in respect of such a passenger who chooses to get into
plaintiff therefore, approached the civil Court for
getting compensation for the tortious liability of the PGVCL
and sought compensation of Rs.1,50,000/- with ... PGVCL and Gram Panchayat are equally negligent and
therefore, 50% each tortious liability is attributed upon the
defendant Nos.2 and 3 i.e. PGVCL
array of parties as the dispute
is pertaining to the tortious liability.
6. Learned counsel appearing on behalf of Gammon India
Ltd./appellant/defendant ... appellant/defendant no. 1
under the suit cannot be equated with tortious liability as it is already
covered under the various statutes like the Workmen
held that in cases where there is denial of tortious liability the writ petitions cannot be maintained. However, when negligence per se is visible ... questions of fact arises and if there is clear denial of tortious liability remedy under Article 226 of the Constitution may not be proper. However
Motor
Vehicles Act, 1988 . However, as a social measure, the
tortious liability arising out of the use of a vehicle in
public place is made ... under the said enactment. The Insurer cannot
contend that because the tortious liability arising from
9
the use of the vehicle in public place
