decisions of different High Courts
noted above it is clear that the liability of a common carrier under the
Carriers Act is that ... establish negligence. Even
assuming that the general
principle in cases of tortious liability is that the party who alleges
negligence against the other must prove
Deep Nursing Home vs Manmeet Singh Mattewal on 9 May, 2012
NATIONAL CONSUMER DISPUTES REDRESSAL
insurer; (iii) the general
principle of law in cases of tortious liability (that the responsibility of
proving negligence lay with the party so alleging
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
kind of cases alone a doctor
could be held responsible, warranting tortious
liability, which is also reiterated in Nizam Institute of Mdical
Sciences Vs. Prsanth
liability of a carrier in India, as in England, is more extensive and
the liability is that of an insurer. The absolute liability ... establish negligence. Even assuming that the
general principle in cases of tortious liability is that the party who alleges
negligence against the other must prove
advised, has to approach the Civil Court for claiming compensation under tortious liability. Hence, return the complaint for representing in the Civil Court having jurisdiction
salary for three years, reimbursement of costs
incurred and compensation for tortious liability.
2. After detailed consideration of the matter
including documents produced
kind of cases alone a doctor
could be held responsible, warranting tortious liability, which is also
reiterated in Nizam Institute of
Mdical Sciences Vs. Prsanth
this in the following words
Vicarious liability in the law of tort may be defined as a liability imposed by the law upon a person ... other hand, the third condition of vicarious liability is required, namely some connection between the tortious act or omission and the relationship between the actual
