VOHRA SADIKBHAI RAJAKBHAI AND ORS.
V.
STATE OF GUJRAT AND ORS.
BRIEF INTRODUCTION
The case of Vohra Sadikbhai Rajakbhai and Ors. V. State of Gujrat and Ors. 1 (Civil Appeal
No. 1866 OF 2016 )is a recent case decided by the Supreme Court on May 10, 2016 with
A.K. Sikri J., R.K. Aggarwal J. on bench.
The essence of the issue that needs to be decided in the instant appeal is captured by the
appellants by formulating the following substantial question of law;
“Whether gross negligence in not maintaining particular level of water in the dam by the
respondents; that has resulted into damage and destruction to the plantation of the
appellants, causing loss of livelihood, could be said to be an 'Act of God'?”
This is one important case touching upon various aspects of law of torts like Act of God,
negligence, strict liability,necessity, inevitable accident, force majeure, etc.
The appellants in the present case initiated a suit for compensation in form of damages for the
damage and destruction caused to them by the negligence of the respondents in not
maintainig a particular level of water in the dam. The defendants contended that it was
necessary in interest of public at large to release the water in order to prevent the greater
harm, i.e, bursting of dam, Since water level rose due to Act of God, i.e., heavy rains. The
judgment of Trial Court was rendered in favour of respondents. Aggrieved of which an
appeal was preffered by the present appellants in the High Court which was again dismissed
on the grounf that such an act was a force majeure and consequently the Present appeal was
filled in Supreme Court whereby, Sureme Court found that, the damages suffered by the
plaintiff were partially due to Act of God and Partially due to Negligence of the respondents.
Since the Rspondents by having reasonable care and precautions could have prevented such
an accident, not being inevitable and hence allowed the appeal and awarded partial damages
to the appellants in the view of strict liability principle established Rylands v. Fletcher.
1
Retrieved from < http://judis.nic.in/supremeCourt/imgs1.aspx?filename=43636 >
,
V.
STATE OF GUJRAT AND ORS.
BRIEF INTRODUCTION
The case of Vohra Sadikbhai Rajakbhai and Ors. V. State of Gujrat and Ors. 1 (Civil Appeal
No. 1866 OF 2016 )is a recent case decided by the Supreme Court on May 10, 2016 with
A.K. Sikri J., R.K. Aggarwal J. on bench.
The essence of the issue that needs to be decided in the instant appeal is captured by the
appellants by formulating the following substantial question of law;
“Whether gross negligence in not maintaining particular level of water in the dam by the
respondents; that has resulted into damage and destruction to the plantation of the
appellants, causing loss of livelihood, could be said to be an 'Act of God'?”
This is one important case touching upon various aspects of law of torts like Act of God,
negligence, strict liability,necessity, inevitable accident, force majeure, etc.
The appellants in the present case initiated a suit for compensation in form of damages for the
damage and destruction caused to them by the negligence of the respondents in not
maintainig a particular level of water in the dam. The defendants contended that it was
necessary in interest of public at large to release the water in order to prevent the greater
harm, i.e, bursting of dam, Since water level rose due to Act of God, i.e., heavy rains. The
judgment of Trial Court was rendered in favour of respondents. Aggrieved of which an
appeal was preffered by the present appellants in the High Court which was again dismissed
on the grounf that such an act was a force majeure and consequently the Present appeal was
filled in Supreme Court whereby, Sureme Court found that, the damages suffered by the
plaintiff were partially due to Act of God and Partially due to Negligence of the respondents.
Since the Rspondents by having reasonable care and precautions could have prevented such
an accident, not being inevitable and hence allowed the appeal and awarded partial damages
to the appellants in the view of strict liability principle established Rylands v. Fletcher.
1
Retrieved from < http://judis.nic.in/supremeCourt/imgs1.aspx?filename=43636 >
,
