A single judge bench of Bombay High Court comprising Justice SG Dige has recently observed that merely stating that the burst of tyre is an “act of god” cannot exonerate the insurance company from paying compensation.
The high court was hearing an appeal filed by the New India Assurance Company against the order of the Motor Vehicle Accident Tribunal, Pune.
The appellant company had contended that the accident occurred due to a burst of tyre of the vehicle so there was no negligence on part of the driver in the accident. It was contended that the driver cannot be considered liable for it and the tribunal had not considered the same.
The company further argued that the salary of the dead is considered on the higher side as it includes various bhattas. The counsel further submitted that the consortium amount and amount under other heads are awarded on the higher side and the tribunal had awarded exorbitant and excessive compensation.
The respondents argued that there were no witnesses examined to prove the defence taken by the appellant and the tribunal has considered all aspects while awarding compensation. Therefore, the judgment and order passed by the tribunal are legal and valid.
The high court referred to the dictionary meaning of “Act of God”, which said “An instance of uncontrollable natural forces in operation”, and that it refers to a severe, unanticipated natural event for which no human is responsible.
The single judge bench rejected the driver should have checked the tyre and that it was human negligence: “In my view, 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 tyre before travelling, burst of tyre cannot be termed as natural Act, it is human negligence.”
The high court said merely stating that it is an act of god will not exonerate the insurance company.
The bench disposed of the appeal while directing the respondent to pay an amount of Rs 1,24,60,960 along with interest of 7.5%.
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