Act of God Archives

Electrocution compensation strict liability minimum wages

Woman Electrocuted, Neighbour Dies Trying to Help: Rajasthan HC Holds RSEB Strictly Liable for Double Electrocution Deaths; Enhances Compensation

Applying the principle of strict liability, the appellants were held to be liable for compensation for the death caused by electrocution by live electric wire as liability can arise even without proof of negligence if the escape or transmission of a dangerous substance, such as electricity, causes harm and the Court enhanced the compensation holding that in the absence of proof of income, the loss of earning should be determined on the basis of minimum wages.

Falling Tree Branch Motor Vehicle Accident

Case Briefs Supreme Court

Falling of Tree Branch Not Accident “Arising Out of the Use of a Motor Vehicle”; To Do Complete Justice SC Enhances Compensation to ₹ 25 lakhs Under Article 142

The Court recognised that it would be unrealistic to expect a constant vigil over every tree and shrub within city limits. Likewise, although it may be conceivable that an old branch might eventually give way, public authorities cannot be expected to cut every branch merely because such a possibility exists.

Case Briefs High Courts

Bursting of the tyre is not an ‘Act of God’; Bombay High Court refuses to exonerate the insurance company from paying compensation

Bombay High Court observed that the dictionary meaning of “act of god” is “an instance of uncontrollable natural forces in operation” I.e., a severe, unanticipated natural event for which no human is responsible.

Case Briefs District Court

Delhi Court | “Mere temporary non-use of premises cannot be covered under Force Majeure clause”; Miniso to pay rent arrears for lockdown and post lockdown period

District Court, Saket, Delhi: Raj Kumar Chauhan, J., directed “Miniso” to pay the rent arrears for the lockdown and post lockdown period stating