In a significant verdict, the Bombay High Court has ruled that a tyre burst is not an act of God but an act of human negligence, and directed an insurance company to pay compensation.
The verdict came in a case of a car accident in which a man was killed after the car he was traveling in toppled following a tyre burst. However, the New India Assurance Co Ltd. refused to pay compensation, saying that the accident was an act of God.
As reported by the Times of India, the accident occurred on October 25, 2010. Patwardhan (38) was traveling from Pune to Mumbai with two of his colleagues to attend a function. "The colleague who owned the car was driving it in a rash and negligent manner with an uncontrollable speed when the rear wheel burst and the car fell into a deep ditch, killing Patwardhan on the spot. Patwardhan was the sole bread-earner in the family and left behind his wife (34), daughter (7), father (70) and mother (65). He was an assistant manager with a private company and drew nearly Rs 69,000 salary at the time of his death," as per the TOI report.
The Motor Accident Claims Tribunal, Pune, had directed the insurance company to pay nearly Rs 1.25 crore with 9% interest to the family of Makarand Patwardhan.
However, the insurance company challenged the June 7, 2016 order of the tribunal before the high court, saying that the tribunal awarded exorbitant and excessive compensation. A tyre burst, it argued, was an act of God and not the result of the driver's negligence.
Artificial Intelligence(AI) Java Programming with ChatGPT: Learn using Generative AI By - Metla Sudha Sekhar, Developer and Lead Instructor View Program
Artificial Intelligence(AI) Basics of Generative AI : Unveiling Tomorrow's Innovations By - Metla Sudha Sekhar, Developer and Lead Instructor View Program
Dynamic Java Web Applications with ChatGPT" width="300" height="80" />
Artificial Intelligence(AI) Generative AI for Dynamic Java Web Applications with ChatGPT By - Metla Sudha Sekhar, Developer and Lead Instructor View Program
Artificial Intelligence(AI) Mastering C++ Fundamentals with Generative AI: A Hands-On By - Metla Sudha Sekhar, Developer and Lead Instructor View Program
Artificial Intelligence(AI) Master in Python Language Quickly Using the ChatGPT Open AI By - Metla Sudha Sekhar, Developer and Lead Instructor View Program
in Microsoft Excel: Complete Excel guide 2024" width="300" height="80" />
Office Productivity Zero to Hero in Microsoft Excel: Complete Excel guide 2024 By - Metla Sudha Sekhar, Developer and Lead Instructor View Program
Data Science SQL for Data Science along with Data Analytics and Data Visualization By - Metla Sudha Sekhar, Developer and Lead Instructor View Program
Web Development A Comprehensive ASP.NET Core MVC 6 Project Guide for 2024 By - Metla Sudha Sekhar, Developer and Lead Instructor View Program
Office Productivity Mastering Microsoft Office: Word, Excel, PowerPoint, and 365 By - Metla Sudha Sekhar, Developer and Lead Instructor View Program
Marketing Digital marketing - Wordpress Website Development By - Shraddha Somani, Digital Marketing Trainer, Consultant, Strategiest and Subject Matter expert View Program
Web Development Mastering Full Stack Development: From Frontend to Backend Excellence By - Metla Sudha Sekhar, Developer and Lead Instructor View Program
Finance Financial Literacy i.e Lets Crack the Billionaire Code By - CA Rahul Gupta, CA with 10+ years of domain experience, trainer View Program
Marketing Future of Marketing & Branding Masterclass By - Dr. David Aaker, Professor at Haas School of Business View Program
HR Human Potential and the Future of Employment By - Lynda Gratton, Co-chair of the World Economic Forum Council on Work, Wages and Job Creation, Professor of Management Practice View Program
Strategy ESG and Business Sustainability Strategy By - Vipul Arora, Partner, ESG & Climate Solutions at Sattva Consulting Author I Speaker I Thought Leader View Program
Finance Financial Reporting and Analytics By - Dr. C.P. Gupta, Professor: Department of Finance and Business Economics, University of Delhi View Program
Office Productivity Advanced Excel Course - Financial Calculations & Excel Made Easy By - Anirudh Saraf, Founder- Saraf A & Associates, Chartered Accountant View Program
Marketing Performance Marketing for eCommerce Brands By - Zafer Mukeri, Founder- Inara Marketers View Program
Finance A2Z Of Finance: Finance Beginner Course By - elearnmarkets, Financial Education by StockEdge View Program
Legal Drafting Commercial Contracts and Dispute Resolution By - Shafaq Uraizee Sapre, Managing Partner: Mumbai, Chandhiok and Mahajan View Program
However, Justice S G Dige of Bombay High Court noted that the dictionary meaning of 'act of God' is 'an instance of uncontrollable natural forces in operation.' "It refers to a severe unanticipated natural event for which no human is responsible. The bursting of a tyre cannot be termed as an act of God. It is an act of human negligence," he said.
