AIR 1951 TRAVANCORE-COCHIN 171(2)

Travancore-cochin High Court

Hon'ble Judge(s): Sankaran, Simon , JJ

(A) Motor Vehicles Act (4 of 1939) , S.37— Right to carry load fired by makers of lorry though in excess of capacity fixed by permit. The person in charge of a lorry is not entitled to contend that they were at liberty to ignore the maximum loading capacity fixed in the permit issued under the Motor Vehicles Act in reaped of this particular lorry and to carry a load up to the limit fixed by the makers of the lorry.(Para 3) (B) Tort - Negligence - Contributory negligence - Person suddenly put in position of imminent danger - Omission on his part if contributory negligence. What a person, who was suddenly put in a position of imminent danger by the wrongful and negligent acts of others, did or omitted to do in such a situation cannot be treated as negligence on his part.(Para 6) It is not in the mouth of those who have created the danger of the situation to be minutely critical of what is done by those whom they have by their fault involved in danger.(Para 6) (C) Master and Servant - Vicarious liability - Essentials of - Unauthorised and wrongful mode of doing authorised act-If can be considered to have been done in course of employment. ....