eschewed.”
Tortious and contractual liability:-
8.3. There is a marked difference between claims based
upon tort and contractual liability. The tortious claim stands
outside ... relevancy. The test is as to whether the claim of
tortious liability can be made notwithstanding the contract
http://www.judis.nic.in
35
entered
eschewed.”
Tortious and contractual liability:-
8.3. There is a marked difference between claims based
upon tort and contractual liability. The tortious claim stands
outside ... relevancy. The test is as to whether the claim of
tortious liability can be made notwithstanding the contract
http://www.judis.nic.in
35
entered
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
Union Of India vs The State Of Maharashtra on 1 October, 2019
Equivalent citations: AIR
societies/associations/apartment owners’ associations;
(iv) All cases relating to tortious liability, including
• claims for compensation in motor accidents/other
accidents; and
(v) All consumer
motor vehicle.
Essentially, such claim is in the nature of tortious liability. Over a
period of time, the same has been substantially codified. With
exponential
exclusive of any amount recoverable in a civil action based on tortuous liability. Para-64 therein reads as under :-
"64. Therefore, what ... exclusive of any amount recoverable in a civil action based on tortious liability........."
46- Considering the entity the case in the light of Principle
deceased would be the
compensation. Several principles of
tortious liability are excluded when the
claim is under Section 163A of MV Act.
There are however
reputation and defamation, also held that the same was a tortious liability and was not arising from the agreement, accordingly it did not grant
observed that the State would be liable for tort in respect of tortious acts committed by its servants
within the scope of its employment ... opinion of this Court, would give rise to a tortious liability on the part of the respondent authorities,
thereby making them liable for payment
