The Bombay High Court dismissed New India Assurance Company Limited’s appeal against denial of compensation to the family of a person killed in a car accident.
The court said that a tire burst is due to human negligence and not an act of God. The Motor Accident Claims Tribunal had earlier directed the company to pay 1.25 crore to the victim’s family, a decision which was upheld by a single bench of Justice SG Digye on February 17.
Makrand Patwardhan died in a car accident on October 25, 2010, while traveling from Pune to Mumbai with two companions. The driver was driving recklessly when the rear wheel burst, causing the car to fall into a ditch and Patwardhan died on the spot.
The Motor Accident Claims Tribunal had earlier accepted that Patwardhan was the sole breadwinner of his family. The insurance company appealed against the compensation amount. 1.25 crore, arguing that this was excessive and that the tire burst was an act of God and not due to the negligence of the driver.
However, the High Court refused to accept this contention, saying that the dictionary meaning of “act of God” was “an instance of uncontrollable natural forces in operation”.
“It refers to a grave force majeure natural phenomenon for which no human being is responsible. The bursting of a tire cannot be said to be an act of God. It is an act of human negligence,” the court said.
It said that there are many reasons for a tire burst such as high speed, low air, excessive air or second hand tire and temperature.
The order said, “The driver or owner of the vehicle should check the condition of the tires before the journey. A burst of a tire cannot be said to be an act of nature. It is human negligence.”
The HC said that merely calling the bursting of a tire an act of God cannot be the basis for paying compensation to the insurance company.
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