entitled to the compensation payable to them due to the tortious liability of the third party, notwithstanding the fact that they are covered under ... Therefore, it can be safely held that the accident is a tortious liability as these injuries were sustained in the course of employment and therefore
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
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
liability would arise against the insured nor can any such liability be enforced under Section 163-A of the Act. For a liability under Section ... brought about a drastic change in the concept of tortious liability prevailing prior to it. The court was of the view that
employment. An exception is that the policy must cover a liability arising under the Workmen's Compensation Act, 1923 , in respect of the death ... that Section 163-A is a departure from the concept of tortious liability. The non obstante clause incorporated in the section does not alter
deceased would be the compensation.
Several principles of tortious liability are
23
excluded when the claim is under section
163A
tort of negligence is spread over more and more areas of tortious liability, keeping in tune with the hazards brought about by the automobile explosions
down her
reputation in the eyes of the public thereby incurring
tortious liability to pay the damages in a sum of
Rs.60,000/- suffer
public.
Winfield's classic definition provides as under :-
Tortious liability arises from the breach of a duty primarily fixed by the law; such duty ... information. This must stop. The State cannot claim sovereign immunity for the tortious act of public servants leading to violation of Article
suit before the Civil Court to maintain an action for tortious liability. The argument of the learned counsel for the appellant Sri. Kedilaya stating that ... made on the strength of the common law right and the tortious liability that the Railway Administration is required to answer is concerned
