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Monday, March 27, 2023

Tyre burst not ‘Act of God’: Bombay HC asks insurance company to pay Rs 1.25 crore compensation

Bombay High Court has ruled that a tyre burst is not an Act of God, but an act of human negligence and hence, directed an insurance company to pay compensation to a petitioner. The verdict comes in a case of a car accident in which a man lost his life after the tyre of the car he was travelling in burst, resulting in the car toppling.
The insurer, New India Assurance Co Ltd refused to pay compensation, saying that the accident was an ‘Act of God’. Justice S G Dige passed the order on an appeal by the company against the June 7, 2016 order of the Motor Accident Claims Tribunal, Pune, that directed it to pay almost Rs 1.25 crore with a 9% interest to the family of the deceased, Makarand Patwardhan.

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On October 25, 2010, Patwardhan (38) was travelling from Pune to Mumbai with two colleagues when the tyre of the vehicle burst they were travelling in, causing the vehicle to spin out of control and crash into a ditch. The vehicle was reportedly being driven by Patwardhan’s colleague in a rash and negligent manner.
The insurer had claimed that the Tribunal awarded an exorbitant compensation, but Justice Dige noted that an Act of God is an instance of uncontrollable natural forces in operation, where no human is responsible. He said that the bursting of a tyre cannot be termed as an Act of God, and it is indeed, an act of human negligence. Justice Dige added that the reasons for tyre bursts include underinflation, over-inflation, second-hand tyres, tyre temperature and high-speeds.

What do you think about the Bombay High Court ruling asking the insurer to pay a compensation for a tyre burst case? Let us know in the comments down below.

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