Insurance co.s have to process tyre burst claims
Many accidents in India happen due to tyre bursting and sometimes accident can be fatal at other times severe injuries are caused. After this the insurance companies reject claims calling tyre burst an act of God.
Well Mumbai high court cleared the air on this. 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.
Single-judge Justice SG Dige disagreed stating that tyre burst could be 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 bursting of tyre cannot be termed as an act of God. It is an act of human negligence. There are various reasons of bursting of tyre, i.e. High speed, under inflated or over inflated tyres, second hand tyres, temperature etc. The driver or owner of the vehicle has to check the condition of tyre before travelling, burst of tyre cannot be termed as natural Act, it is human negligence," the judge held.
The accident happened when the deceased was travelling in a car with his friend when its tyre burst and the vehicle toppled.
“It is significant to note that the insurance company had not examined the driver of offending car to prove the reason of bursting of tyre. So mere stating that burst of tyre is act of God cannot be a ground to exonerate the insurance company from paying compensation”, the bench held. more
Well Mumbai high court cleared the air on this. 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.
Single-judge Justice SG Dige disagreed stating that tyre burst could be 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 bursting of tyre cannot be termed as an act of God. It is an act of human negligence. There are various reasons of bursting of tyre, i.e. High speed, under inflated or over inflated tyres, second hand tyres, temperature etc. The driver or owner of the vehicle has to check the condition of tyre before travelling, burst of tyre cannot be termed as natural Act, it is human negligence," the judge held.
The accident happened when the deceased was travelling in a car with his friend when its tyre burst and the vehicle toppled.
“It is significant to note that the insurance company had not examined the driver of offending car to prove the reason of bursting of tyre. So mere stating that burst of tyre is act of God cannot be a ground to exonerate the insurance company from paying compensation”, the bench held. more
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View all 7 comments Below 7 comments
Insurance business is nothing but LOOTING in this COUNTRY. See how much they are earning and how much they pay as compensation. more
Mar 31
For all such type of claim, insurance companies should pay now. This will be a lesson to the insurance companies. The regulator should take up this and advise all the insurance companies accordingly more
Mar 15
It is not only because of driver's negligence, but also the bad condition of roads, nails, small stones etc. are equally responsible. more
Mar 14
