Court case1975 ACJ 222 (Kant)

The driver of a jeep took the vehicle to get its tank filled with petrol. On the way two strangers asked for a lift and were allowed to get into the jeep. While the jeep was moving, one of the bolts fixing the right front wheel to the axle suddenly gave way, and the jeep toppled over. The two strangers were thrown out and sustained injuries, and one of them died as a result. A claim for compensation was brought against the driver and the owner of the jeep (the driver's master), alleging that they were responsible for the accident.

The Karnataka High Court held that neither the driver nor his master was liable. In the first place, the accident was a pure accident: the sudden giving way of the bolt was not shown to be due to any negligence of the driver or the owner, and the harm could not have been prevented by reasonable care. Secondly, the strangers had voluntarily got into the jeep at their own request, and the principle of volenti non fit injuria applied to them. The claim therefore failed.