New Delhi: The Bombay High Court, while dismissing an insurance company’s plea against compensation to the family of a person killed in a car accident, observed that a tire burst is not an act of God but human negligence. A single bench of Justice S G Dige, in its order dated February 17, dismissed an appeal filed by New India Assurance Co Ltd against a 2016 judgment of the Motor Accidents Claims Tribunal, awarding Rs 1.25 crore to the family of victim Makrand Patwardhan. was instructed to do.
Patwardhan (38) was going from Pune to Mumbai on October 25, 2010 along with two companions. The colleague driving the car was driving rashly and recklessly when the rear wheel burst and the car fell into a deep gorge, killing Patwardhan on the spot.
The tribunal, in its order, had noted that the victim was the sole breadwinner of his family. The insurance company, in its appeal, stated that the compensation amount was excessive and excessive and that the tire burst was an act of God and not negligence on the part of the driver. The HC, however, refused to accept the contention and said 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 states, “The driver or owner of the vehicle shall check the condition of the tires before the journey. Tire burst cannot be said to be an act of nature. It is human negligence.” The HC said that calling the tire burst only an act of God cannot be the basis for paying compensation to the insurance company.