Page 274 - Motor Insurance Ebook IC 72

The Insurance Times

the breach of a duty caused by the omission to do
something, which a reasonable man, guided by
those considerations, which ordinarily regulate the
conduct of human affairs, would do, or doing
something, which a prudent and reasonable man
would not do. In simple words, negligence means
'absence of care'. A civil action for negligence can be
sustained when the following conditions are satisfied:
i) There must exist a duty of care towards the injured

party.
ii) An action for negligence can proceed only if there

is a breach of that duty of care.
iii) The plaintiff must prove that he has suffered injury

or damage as a consequence of the breach of duty
of care.
vi) The injury or damage should be a consequence of
the negligent act. There has to be a close causal
relationship between the breach of duty and the
injury or damage. Liability for accidents through
negligence - Liability for accidents through
negligence in the use of motor vehicles usually arises
in the following circumstances:
(1) Dangerous and reckless driving without

proper regard to the safety of the pedestrians.
(2) Non-observance of the traffic rules and

regulations
(3) Leaving a motor vehicle unattended on the

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