petitioner for the tortious act committed by the actual tort feasor.
24. In any case, compensation for a tortious liability, may never be examined ... payee. It is not applicable to tortious liabilities. Then, compensation for the tortious liability thus incurred may not be defeated occasioned by grant of compassionate
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
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
alleged negligence on part of the defendant.
Further, before proceeding the tortious liability and especially
the aspect of negligence in the law of torts needs ... person of
ordinary prudence would have done under similar circumstances.
Basically, tortious liability arises from breach of duty primarily fixed by
the law, such duty
Kamla Prasad vs. DDA & Ors. Page no.3 of 9
tortious liability moreso when it was not doing the work for
profit ... circumstances, this Om Prakash cannot be made liable so far as
tortious liability is concerned.
6. In the present suit, I am of the opinion
exclusive of any amount
recoverable in a civil action based on tortious
liability..
67. Insofar as death cases are concerned the
principle of determining compensation ... exceptions which operate vis-a-vis the tortious
principle of strict liability under the rule in
Rylands v. Fletcher .
18. The third category comprises
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