Page 278 - Motor Insurance Ebook IC 72

The Insurance Times

b) Inevitable Accident - This is an accident which
occurs in spite of ordinary care, caution and skill.
The burden to prove that accident was inevitable
rests upon the driver. He must establish the cause
of the accident and also that the result of that cause
was inevitable.

c) Act of God - This has been defined as an event
due to 'natural causes directly and exclusively
without human intervention'. Examples of acts of
God are storms, earthquake, lightning etc.

d) Emergency- If a person in a moment of imminent
danger, acts in a way which causes injury to another,
he will not be held liable in negligence if his act was
not unreasonable in the difficult situation in which
he was placed.

Sometimes a pedestrian using a road may
unexpectedly cause the driver of oncoming vehicle,
to swerve and thereby cause injury to another
pedestrian, then the driver would be able to raise
the defence of emergency.

Q. 6 What is the relevance of a judgment of Criminal
case in a Third party loss settlement? Comment.

Ans. It is generally accepted that the decision of a Criminal

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