‘Tite burst is not an act of God’, Bombay court orders compensation to insurance companyNews WAALI

Mumbai, March 12: Hearing a road accident case in Mumbai, a Bombay court observed that burst tires were not an act of God but human negligence. An insurance company filed a petition against compensation to the family of a person who died in a road accident. This was rejected by the court.

In an order on February 17, a single bench of Justice SG Digge dismissed the appeal filed by New India Assurance Company Limited against the 2016 judgment of the Motor Accident Claims Tribunal. In this regard, the family of the victim Makarand Patwardhan was directed to pay Rs 1.25 crore. On October 25, 2010, Patwardhan along with his two assistants were coming from Pune to Mumbai by car. Meanwhile, the rear tires of the car burst and the car fell into the ditch. Patwardhan died on the spot in this accident.

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What did the insurance company say?

The tribunal in its order had said that the victim is the sole breadwinner of his family. At the same time, the insurance company had said in its appeal that the compensation amount was excessive and that the tire burst was an act of God. Not due to driver negligence. At the same time, the High Court refused to accept the appeal and said that Act of God in the dictionary means an example of uncontrollable natural forces in action. The bursting of the tires in this incident cannot be said to be an act of God. This is human carelessness.

What about the court order?

Court added, ‘There are many reasons for tire blowouts, such as high speed, low wind, high air or used tires and temperature.’ The order said, ‘The driver of the vehicle should check the condition of the tires before travelling. Tire bursting is not a natural process. This is human carelessness.’ The High Court also ruled that the claim of the Act of God alone cannot be the basis for releasing the insurance company from paying compensation.

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