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october 1997

Supreme Court of India · 1997-10-22

UNION OF INDIA vs UNITED INDIA INSURANCE CO. LTD. & ORS.

Citation / case number
SC 1990/77086
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
UNITED INDIA INSURANCE CO. LTD. & ORS.
Author
M. JAGANNADHA RAO S. B. MAJMUDAR
Bench
M. JAGANNADHA RAO S. B. MAJMUDAR

Judgment text excerpt

The Supreme Court addressed the liability of public bodies in tort, specifically regarding the omission to perform public law statutory duties and the inherent dangers of operations conducted by such bodies. The Court held that the Union of India, represented by the Southern Railway, could be held liable under Section 110(1) and 110B of the Motor Vehicles Act, 1939 for the negligence leading to the deaths and injuries from an accident at an unmanned level crossing. The appeals by the Union of India were dismissed, affirming the liability established by the lower courts.

UNION OF INDIA vs UNITED INDIA INSURANCE CO. LTD. & ORS. · Niyam