‘Act of God’ shield stands diluted once human negligence intervenes: Uttarakhand High Court upholds compensation award

Background

• The couple was travelling in a bus from Delhi to Gangolihat.
• When the bus reached near village Dhaulchina, Kasar Bend, District Almora, a tree had fallen on the road, due to which, it was stopped by the driver.
• It was submitted that the driver, conductor and some passengers got down from the bus to remove a tree.
• Suddenly a landslide occurred, causing the bus to be pushed and dragged off the road.
• As a result, the bus fell down the slope along with passengers inside it, causing fatal injuries to the couple, who passed away instantly.
• The tribunal rejected the contention that accident did not arise out of the use of motor vehicle.
• It held that the bus was actively involved in the sequence of events and that the accident occurred when the bus was stationed at a vulnerable spot on a hilly road, despite adverse weather conditions.
• The tribunal awarded Rs 26.90 lakh and Rs 4.55 lakh respectively to the sons of the husband and wife.

Findings

• Tribunal has rightly held that driver failed to exercise the degree of care expected of a person operating a public transport vehicle on such a terrain.
• Prudence demanded that bus be halted at a reasonably safe distance from the obstruction, keeping in mind the foreseeable risk of further falling trees or landslides.
• The decision to stop the bus in close proximity to the danger zone materially exposed the passengers to risk and directly contributed to the fatal outcome.
• The accident, therefore, cannot be characterised as an inevitable consequence of natural forces alone.
• The plea raised on behalf of the transport corporation that the incident was an “Act of God” is wholly misconceived.
• The contention that the accident did not arise out of the “use of the motor vehicle” is legally untenable.
• The awards represent just compensation having due regard to the facts of the case, evidence on record and settled principles governing assessment of compensation under the Act.
• The findings of Tribunal on negligence, applicability of the Act, rejection of the plea of ‘Act of God’, and computation of compensation, are well-reasoned, based on proper appreciation of evidence, and fully consistent with settled legal principles.