Tyre Bursts Are Not An Act of God But Due To Negligence of the driver : Bombay High Court
The Bombay High Court has ruled that a tyre burst in a vehicle cannot be considered an act of God but is due to the negligence of the driver or owner. The Court has directed an insurance company to pay compensation to the family of a deceased victim in an accident case. [New India Assurance Co. Ltd. v. Mrunal Patwardhan & Ors.].
The Court was hearing an appeal filed by the New India Assurance Co. which 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. However, Justice SG Dige disagreed, stating that tyre bursts can occur 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 accident occurred when the deceased was travelling in a car with his friend, and the vehicle toppled due to a tyre burst. The insurance company had not examined the driver of the offending car to prove the reason for the tyre burst, and the Court held that stating the burst of tyre is an act of God cannot be a ground to exonerate the insurance company from paying compensation.
The Court has ordered the insurance company to pay ₹1,24,60,960 with an interest of 7.5% per annum from the date of filing the application till realization. Each claimant is entitled to ₹1,90,000, as concluded by Justice Dige relying on an Apex Court order.
It is the responsibility of the driver or owner of the vehicle to check the condition of the tyre before travelling. The bursting of a tyre cannot be termed as a natural act; it is human negligence. Therefore, it is crucial to be cautious and ensure the safety of all passengers in the vehicle.