Bombay High Court orders insurance company to pay compensation
Tyre burst of a vehicle cannot be considered an act of God but is an act of human negligence attributable to the driver of the vehicle, the Bombay High Court recently ruled while directing an insurance company to pay compensation to the deceased victim’s family in an accident case.
What exactly the claim:
New India Assurance Co. Ltd claimed that the driver of the offending vehicle had not been negligent, and the tyre burst which had caused the accident was an act of God.
What Bombay High court observed:
Single-judge Justice SG Dige disagreed stating that tyre burst could be due to driving at high speed or due to under or over inflated tyres and it is the duty of the owner or the driver of the vehicle to check the tyre condition before the journey.
The judge held that:
“The bursting of tyre cannot be termed as an act of God. It is an act of human negligence. There are various reasons of bursting of tyre, i.e. High speed, under inflated or over inflated tyres, second hand tyres, temperature etc. The driver or owner of the vehicle has to check the condition of the tyre before travelling, a burst of tyre cannot be termed as natural Act, it is human negligence.”
The bench further explained:
“It is significant to note that the insurance company had not examined the driver of the offending car to prove the reason for the bursting of the tyre. So merely stating that a burst of tyre is an act of God cannot be a ground to exonerate the insurance company from paying compensation.”
Name: New India Assurance Co. Ltd. v. Mrunal Patwardhan & Ors.