Human Lapse Overrides ‘Act Of God’ Claim: Uttarakhand High Court Confirms Accident Compensation

The Uttarakhand High Court has declined to interfere with the compensation awarded to the sons of a couple who died in a bus accident caused by a landslide. In doing so, it rejected the state transport corporation’s attempt to evade liability by invoking the defence of an ‘Act of God’.

Justice Pankaj Purohit dismissed the appeal filed by the transport corporation. He confirmed that the claimants are entitled to receive a total compensation of ₹31.4 lakh, as awarded earlier by the Motor Accident Claims Tribunal (MACT).

The court emphasised that once human negligence plays a role in an incident, natural causes cannot be cited as the sole reason. It held that reliance on the ‘Act of God’ argument becomes legally untenable in such circumstances.

The High Court termed the corporation’s defence as fundamentally flawed. It was observed that the accident could not be explained as a consequence of natural forces alone.

The court ruled that the presence of human negligence significantly weakens the ‘Act of God’ shield. It further noted that such negligence effectively removes the protection offered under this principle.

The bench also dismissed the argument that the accident did not arise from the ‘use of a motor vehicle’. It held that this contention lacked any sound legal foundation.

Incident Leading to the Case

According to the case record, the couple was travelling on a bus from Delhi to Gangolihat. Near Dhaulchina at Kasar Bend in Almora district, the vehicle was halted after a tree fell across the road.

It was stated that the driver, conductor and a few passengers stepped out of the bus to clear the obstruction. Moments later, a landslide struck the area, forcing the stationary bus off the road and dragging it downhill.

The vehicle plunged into a gorge with passengers still inside. This resulted in fatal injuries to the couple, who died instantly at the scene.

The tribunal concluded that the bus had played an active role in the chain of events. It held that the accident occurred because the vehicle was halted at a dangerous location on a mountainous road during adverse weather conditions.

The High Court agreed that this lapse directly exposed passengers to danger and contributed to the tragic outcome.

It upheld the compensation of ₹26.90 lakh and ₹4.55 lakh awarded to the sons of the deceased. The court described the amounts as fair, well-reasoned and consistent with established legal principles.

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