Tyre burst human negligence, not act of God, says Bombay HC to insurance firm
Mumbai, Mar 12: A tyre burst is not an act of God but human negligence, the Bombay High Court remarked while rejecting an insurance company's plea against compensation to the family of a man killed in a car accident.
A single bench of Justice S G Dige in its February 17 order dismissed the appeal filed by New India Assurance Company Limited against a 2016 ruling of the Motor Accident Claims Tribunal directing it to pay Rs 1.25 crore to victim Makarand Patwardhan's family.
On October 25, 2010, Patwardhan (38) was travelling from Pune to Mumbai with two colleagues.
The colleague who owned the car was speeding in a rash and negligent manner when the rear wheel burst and the car fell into a deep ditch, killing Patwardhan on the spot.
The tribunal in its order had noted the victim was the sole bread-earner of his family.
The insurance company in its appeal said the compensation amount was exorbitant and excessive and that the tyre burst was an act of God and not negligence on the part of the driver.
The HC, however, refused to accept this contention and said the dictionary meaning of ''act of God'' was ''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,'' the court said.
It added there are various reasons for tyre burst such as high speed, underinflated, overinflated or second-hand tyres and temperature.
''The driver or owner of the vehicle has to check the condition of the tyre before travelling. Burst of tyre cannot be termed a natural act. It is human negligence,'' the order said.
Merely stating a burst of tyre is an act of God cannot be a ground to exonerate the insurance company from paying compensation, the HC added.
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Cong cites Kangana's purported remarks to accuse BJP of wanting to bring back repealed farm laws
New Delhi, Sep 24: The Congress on Tuesday cited BJP MP Kangana Ranaut's purported remarks on farm laws to allege that the ruling party was making efforts to bring back the three laws that were repealed in 2021, and asserted that Haryana will give a befitting reply to it.
The Congress shared on X an undated video of Ranaut in which she is purportedly saying in Hindi, "Farm laws that have been repealed should be brought back. I think this may get controversial. The laws in farmers' interest be brought back. Farmers should themselves demand this (to bring farm laws back) so that there is no hindrance to their prosperity.
"Farmers are a pillar of strength in India's progress. Only in some states, they had objected to farm laws. I appeal with folded hands that farm laws should be brought back in the interest of farmers."
In a post in Hindi along with the video, the Congress said, "The three black laws imposed on farmers should be brought back: BJP MP Kangana Ranaut has said this. More than 750 farmers of the country were martyred, only then did the Modi government wake up and these black laws were withdrawn."
Now BJP MPs are planning to bring back these laws, the Congress alleged.
"The Congress is with the farmers. These black laws will never return, no matter how hard Narendra Modi and his MPs try," the opposition party said on X.
Congress spokesperson Supriya Shrinate also shared the video of Ranaut on X and said, "'All three farm laws should be brought back': BJP MP Kangana Ranaut. More than 750 farmers were martyred while protesting against the three black farmer laws. Efforts are being made to bring them back."
"We will never let that happen. Haryana will answer first," she said in an apparent reference to the assembly polls in Haryana.
Congress' media and publicity department head Pawan Khera also shared the video on X and said it was the BJP's "real thinking".
"How many times will you deceive the farmers, you two-faced people?" Khera said in a post in Hindi.
The three laws -- Farmer's Produce Trade and Commerce (Promotion and Facilitation) Act; The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act; and The Essential Commodities (Amendment) Act -- were repealed in November 2021.
The farmers' protest started at the fag-end of November 2020 and ended after Parliament repealed the three laws. The legislations came into force in June 2020 and were repealed in November 2021.
“तीनों किसान क़ानून वापस लाये जाने चाहिए” : BJP MP कंगना रनौत
— Supriya Shrinate (@SupriyaShrinate) September 24, 2024
जिन तीन काले किसान विरोधी क़ानूनों की मुख़ालिफ़त करते 750 से ज़्यादा किसान शहीद हो गए
उनको दोबारा से लाने की कोशिश की जा रही है. हम ऐसा कभी नहीं होने देंगे
सबसे पहला जवाब हरियाणा देगा pic.twitter.com/kRAkRuE2cc
