Page 237 - Liability Insurance IC74

Guide for Liability Insurance

amount for permanent total disablement is ascertained.

(c) Which common defences would take care of
allegations of negligence.
Ans. Repeat Q4 of May 2009

The common defences are :
(i) To him who is willing, there can be no injury - this

means that if a person voluntarily consents to run a
risk, he has no right of action against anyone who
has suffered injuries as a result of his action. For
e.g, a spectator at a motor race or football match
cannot complain of any injuries arising out of
accidents which may be reasonably expected to
occur at such events. According to law, their
presence of such events is an implied consent to
accept the risks involved.

(ii) Inevitable accident - an inevitable accident is an
accident which occurs in spite of the exercise of
ordinary care, caution and skill in making. The
defendant has to prove that the accident could not
have been avoided. For e.g, an accident may have
been caused by a hidden defect in a machinery which
could not have been discovered on reasonable
inspection.

Sashi Publications - www.sashipublications.com 233

Copyright@ The Insurance Times. 09883398055 / 09883380339