rise to a liability to a civil action. This liability is sui generis and quite independent of any other form of tortious liability ... liability was tortious, the statutory modulation of the remedy did not deprive him of such compensation for such tortious liability, Section
Counsel for the
respondent has argued that in the case of tortious liability, in
order to fix the quantum, the lower appellate court has
correctly ... arisen from any
contributory negligence whereas, it is by way of tortious
liability. BSNL had drawn cables underneath the road. That
was cut on account
Counsel for the
respondent has argued that in the case of tortious liability, in
order to fix the quantum, the lower appellate court has
correctly ... arisen from any
contributory negligence whereas, it is by way of tortious
liability. BSNL had drawn cables underneath the road. That
was cut on account
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
deceased and the rider of the two wheeler to determine the tortious
liability of the latter in the matter of death of the former ... vehicle, whereas the owner
also will be burdened with the tortious liability due to the vicarious
MACA No.2102/2013 7
liability as well
question of fact arises and there is clear
denial of any tortious liability, remedy under Article 226 may
not be proper. It is argued that ... officers involved in the matter or the
State, which is a tortious liability to be established before
promissory estoppel or
any principle akin thereto; and, independent of,
tortious liability and resultant vicarious
liability. The third limb of the arguments on
behalf ... Apex Court
dilated on different aspects in relation to
tortious liability, including vicarious liability
arising out of medical negligence.
16.Though the aforenoted precedent thus
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
contended that since the claim is based on
tortious liability, the suit claim presented within three years from the
date of arising of the cause ... facts presented in the case where claim is based on the tortious
liability imputed against the local authority, its negligence in the
construction
Section 163A brought about drastic change in the concept of tortious liability prevailing prior to it. It by non obstante clause permits even the tortfeasor
