‘Tyre Burst is Not An Act of God, But Negligence of Driver', Observes Bombay High Court, Asks Insurer to Pay Rs 1.2 Crore Relief to Accident Victim’s Family
The Court made this observation while dealing with a motor accident claims case wherein the insurance company had contended that the tyre burst of the offending vehicle leading to the accident was an act of God hence it wasn’t liable to pay compensation.
Mumbai, March 12: The Bombay High Court in an observation recently said that the bursting of tyre cannot be termed as an “act of God” and that it is an act of human negligence. The Court made this observation while dealing with a motor accident claims case wherein the insurance company had contended that the tyre burst of the offending vehicle leading to the accident was an act of God hence it wasn’t liable to pay compensation.
The dictionary meaning of “act of God” is “an instance of uncontrollable natural forces in operation” and refers to a severe, unanticipated natural event for which no human is responsible, noted Justice SG Dige, according to a report in TOI.
Justice S G Dige passed the order on an appeal by New India Assurance Co Ltd against the June 7, 2016 ruling of the Motor Accident Claims Tribunal, Pune, directing it to pay nearly Rs 1.25 crore with 9% interest to the family of Makarand Patwardhan. On October 25, 2010, Patwardhan (38) was travelling from Pune to Mumbai with two colleagues for a function. Delhi High Court Directs Lawyers To Wear White Band, Law Interns To Wear Black Tie, Coat and Pant.
The colleague who owned the car was speeding in a rash and negligent manner when the rear wheel burst and the car fell into a deep ditch, killing Patwardhan on the spot. Doctor Can’t Treat Without Touching Patient: Kerala High Court Denies Bail To Man Who Slapped Doctor While He Was Treating His Wife.
An assistant manager with a private company, Patwardhan drew nearly Rs 69,000 salary at the time of his death. He was the sole bread-earner in the family and left behind his wife (34), daughter (7), father (70) and mother (65).
The counsel for the appellant had also submitted that the salary of deceased is considered on higher side and that the consortium amount and amount under other heads is awarded on higher side. Thus it was stated that the tribunal awarded exorbitant and excessive compensation.
Justice Dige found no merit in the insurer's contention Patwardhan's income was considered on the higher side, noting that during trial, his employer's HR manager was examined.
(The above story first appeared on LatestLY on Mar 12, 2023 10:54 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).