- 06/30/2019 at 10:25 am #1257292EduGorillaKeymasterSelect Question Language :
Principle: A defendant is liable for all direct consequences of his act or omission, which he could have reasonably foreseen as naturally flowing from his action.
Factual Situation: A bus driver was driving a bus along the BRT corridor in New Delhi. At a Bus stand he carelessly drove the bus resulting in hitting a railing and crushing a Marshall on duty at the spot. A lady standing at a distance, on hearing about the accident rushed to the spot and saw the injured covered in blood, hanging on a piece of the railing. The sight terrified the lady and as a result she fainted and had to be treated for nervous shock. The lady on recovery filed a suit for compensation against the driver and the owner of the bus.
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She will succeed only against the driver and not against the owner of the bus who did not foresee the accident.
She will not succeed as the driver could not have foreseen the illness o( the lady who came to the site,
She will succeed as the accident sight was really shocking and anybody would have collapsed on seeing it.
She will not succeed as she voluntarily went to the accident site.
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