Falling Of Signboard A Foreseeable Event Given Delhi's Geographical Location, Defence Of Act Of God Can't Be Sustained: High Court
2 years ago

Falling Of Signboard A Foreseeable Event Given Delhi's Geographical Location, Defence Of Act Of God Can't Be Sustained: High Court

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The Delhi High Court has ordered release of compensation of over Rs 18 Lakh in favour of the kin of a man, who died as a result of the injuries suffered due to falling of a signboard on his head in 2011.The division bench of Justice Rajiv Shakdher and Justice Tara Vitasta Ganju in the ruling considered the question regarding applicability of the defence of vis major or act of God and principle. The court said the defence of act of God to ward off strict liability would not be available to the bank "since the hazard presented by a signboard coming off the facade of the building was a foreseeable event given the fact that Delhi experiences high-velocity winds, in May, each year". Rejecting the bank's argument, the court said high-velocity winds in Delhi, each year, in May, are a regular feature and it ought to have foreseen that the signboard, which was fixed to the façade of the building, could cause harm to a passer-by if it came off due to a natural cause such as high-velocity winds. "Since we have upheld the view taken by the learned Single Judge that this was a foreseeable event given the geographical location of Delhi and the period during which the event occurred, this document will not help in shoring up the defence offered by the Bank that it was an act of God and, hence, it could not be held guilty of having committed a tort of negligence," the division bench said, while rejecting the argument based on a news report stating that Delhi had experienced high-velocity winds on the day of incident.

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