Mumbai Court On Act Of God : You must have seen Paresh Rawal and Akshay Kumar’s movie ‘Oh My God’…Act of God is a movie about insurance company regulations. The film depicts a court battle against the rules of an insurance company called Act of God. Something similar happened in Mumbai too.. The insurance company was reluctant to pay compensation based on Act of God rule. But the Bombay High Court ordered the insurance company to compensate Zapat.
A road accident case was heard in Mumbai court. In this hearing, the court observed that the tire burst was not an act of God but human negligence. An insurance company filed a petition against compensation to the family of a person who died in a road accident. The court rejected this petition. Also ordered to compensate the insurance company.
In an order dated February 17, a single bench of Justice SG Digge dismissed the appeal filed by New India Assurance Company Limited against the 2016 award of the Motor Accident Claims Tribunal. In this, a compensation of Rs 1.25 crore was directed to the family of the victim Makarand Patwardhan. On October 25, 2010, Patwardhan was coming from Pune to Mumbai in a car with two people. At that time, the rear tire of the car burst. So the car fell into the ditch. Patwardhan died on the spot in this accident. After that, the family asked the insurance company for the insurance amount. But the insurance company refused to pay the amount saying it was an act of God… After that the matter went to court.
The court in its order said that the victim is the sole earner of her family. At the same time, the insurance company had said in its appeal that the compensation amount was excessive. Tire bursts are an act of God and not the result of driver negligence. At that time, the High Court refused to entertain this appeal. The judge said that Act of God in the dictionary means an instance of uncontrollable natural forces in operation. The tire burst in this incident cannot be said to be an act of God. This is human carelessness.
The court further stated that, "There are many reasons for a flat tire. Such as high speed, low wind, high wind or second hand tires and temperature." The driver of the vehicle should check the condition of the tires before travelling. Tire bursting is not a natural process. This is human carelessness. Tyre bursting cannot be called Act of God. Therefore, the insurance company cannot be exempted from paying compensation. The insurance company should compensate the loss.
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