Supreme Court · 1997 INSC 34 · Decided 17 January 1997
Rajkot Municipal Corporation v. Manjulben Jayantilal Nakum and ORS.
- Court
- Supreme Court of India
- Citation
- 1997 INSC 34 · [1997] 1 S.C.R. 304
- Case number
- CIVIL APPEAL No. 200/1997
- Decided
- 17 January 1997
- Bench
- K. RAMASWAMY, G.B. PATTANAIK (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
MUNICIPAL CORPORATION v. MANJULBEN JAY ANTILAL NAKUM AND ORS. JANUARY 17, 1997 B [K. RAMASWAMY.AND G.B. PAITANAIK, JJ.) Torts: Negligence-Breach of duty-Carelessljr-By Public Authority- C Damages fo~iability-Arising of-Factors to be considered-Deceased while walking on footpath of a public road on ground of negligence in not properly maintaining roadside trees-Held: Proximity of relationship between person who suffered D damages and the wrong doer, foreseeability of danger and duty of care owed by public authority must be established--Burden of proof on plaintiff-Plain· tiff
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