"Tyre burst cannot be termed as act of God": Bombay High Court

A tyre burst cannot be termed as 'an act of God', but as an act of human negligence.

The Bombay High Court has directed an insurance company to pay compensation to a person killed after his vehicle toppled due to a tyre burst.

Makarand Patwardhan was travelling from Pune to Mumbai with two of his colleagues on October 25, 2010. The owner of the car was driving in a rash and negligent manner, when the rear tyre burst and the car fell into a deep ditch, killing Patwardhan on the spot.

The Motor Accident Claims Tribunal, Pune, had directed the insurance company to pay Rs 1.25 crore with 9% interest to the victim’s family. However, New India Assurance refused to pay the compensation, saying that the tyre burst incident was an act of God and not the result of the driver’s negligence.

The Bombay High Court has now rejected the argument put forth by the insurance company. The court stated that the meaning of ‘act of God’ is an instance of uncontrollable natural forces in operation. The court ruling also mentioned that a tyre burst cannot be termed as 'an act of God' and that it was an act of human negligence.

Source: Economic Times