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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T'gana RTC strike: Talks between govt, employees successful
Hyderabad (PTI): Talks between employees of Telangana State Road Transport Corporation (RTC) who were on strike and the state government concluded successfully on Friday as the government agreed to the key demands of the workmen.
Following a day-long marathon of talks between the leaders of the employees' Joint Action Committee (JAC) and the cabinet sub-committee, the government announced after midnight that it acceded to the demands, including a merger of RTC with the government, 11 per cent pay revision and elections to the employees' unions.
A committee comprising officials and employee leaders would be appointed over the merger of RTC with the government, it said.
The RTC management has also agreed to address the remaining issues as well, an official release said.
The employees would call off their strike and the RTC buses would hit the roads shortly, it said.
The employees had been on an indefinite strike since April 22 over a series of demands, including the merger of RTC with the government.
Earlier in the day, a driver of the RTC, who attempted suicide on April 23 during the strike, died at a hospital here in the early hours of Friday.
Shankar Goud, a 55-year-old driver, set himself ablaze by pouring petrol at Narsampet in Warangal district when the employees were staging a protest on Thursday in support of their demands.
Goud suffered serious burns, was initially admitted to a state-run hospital in Warangal, and later shifted to a super-speciality hospital in Hyderabad for advanced treatment.
"He succumbed (to injuries) at about 1.30 am on Friday," a senior official said.
The driver’s body was taken to his relative’s village, Muttojipet in Warangal district, for funeral rites.
Tension prevailed in Muttojipet as his family members and RTC employees attempted to take the body to the Narsampet bus station, where he worked, to enable his colleagues to pay their last respects. However, police did not permit this, citing law-and-order concerns.
This led to a deadlock before the funeral could proceed.
Union Minister Bandi Sanjay Kumar criticised the Telangana government for not allowing the body to be taken to the Narsampet bus station.
Kumar, Minister of State (Home), visited Muttojipet village in Warangal district, where the funeral was held, and paid homage to Goud.
“They (family members) want to take the body to the bus depot for five minutes. Is the RTC bus depot in Pakistan or Bangladesh? They are emotionally attached to taking the body there. The government is hurting sentiments and creating fear among RTC employees,” Kumar told reporters.
He also expressed anger at the police for not allowing the body to be taken to the bus station and staged a protest, according to a release from his office.
RTC employees and BJP workers attempted to take the mortal remains in an ambulance to Narsampet, but were stopped by the police.
Later, after discussions with the police, the family members and RTC employees agreed to conduct the funeral in the village.
Sanjay Kumar, stating he would abide by the family’s decision, left the village after the funeral was conducted there.
Transport Minister Ponnam Prabhakar said an ex gratia of Rs 10 lakh, a house, and a government job would be provided to the kin of Goud.
Chief Minister A Revanth Reddy expressed shock over the employee’s death and conveyed deep condolences to the grieving family, according to the release.
The RTC employees’ JAC had earlier announced an agitation programme from April 24 to 29, including silent marches and submission of memorandums to MLAs and other leaders.
