India

Insurance Company Liable To Pay Compensation For Burst Tyre: Bombay High Court

By
OB Bureau

New Delhi: A single judge bench of Bombay High Court comprising Justice SG Dige recently observed that merely stating that the burst of a tyre is an “act of god” cannot exonerate the insurance company from paying compensation. The 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 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, according to a News18 report.

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,” he was quoted as saying.

OB Bureau

Recent Posts

2nd Maharashtra Tigress Zeenat Released Into Core Area Of Similipal In Odisha

Baripada: Ten days after being put in a soft enclosure inside Similipal Tiger Reserve (STR)…

November 25, 2024

Odisha GDP Suspends Jonk Police Station IIC For Dereliction Of Duty

Nuapada: Inspector In-Charge (IIC) of Jonk police station in Odisha’s Nuapada district, Gurudev Karmi, has…

November 25, 2024

IPL Auction: KKR Break Bank For Venkatesh On Lucrative Day For Indian Players; Check Top Buys

Mumbai: The first day of the IPL mega player auction at Jeddah threw up several…

November 24, 2024

Odisha Govt Hands Over Case Of Attack On Dharmasala MLA To Crime Branch

Bhubaneswar: The Odisha government has handed over the investigation into the attack on Dhramasala MLA…

November 24, 2024

Commissionerate Police Issues Traffic Advisory During Winter Session Of Odisha Assembly; Details Here

Bhubaneswar: The Commissionerate of Police on Sunday issued an advisory for movement of vehicular traffic…

November 24, 2024

Elon Musk Proposal: Fire US Federal Employees Who Want To Work From Home

New York: Now that President-elect Donald Trump has tasked Elon Musk with the responsibility of co-heading…

November 24, 2024

Odisha Govt Warns Of Stern Action For Renting Out Its Quarters

Bhubaneswar: The Odisha government has warned its employees of stern action for sub-letting their allotted…

November 24, 2024

AR Rahman Best Man In The World, Certifies Saira Banu; Then Why Their Separation?

Mumbai: There has been a lot of talk over AR Rahman and his wife Saira…

November 24, 2024