Case at a Glance
A 17-year-old Class XI student was injured on 15 May 2011 when a bus tyre burst and a sheet above the tyre struck his right leg; after infection, the leg was amputated below the knee. The insurer argued that a cooler had fallen on his leg at home and, alternatively, that a tyre burst is a mechanical failure, not negligence. Justice Anish Dayal rejected both pleas, holding that a tyre burst is not an Act of God and that the owner must prove a latent defect. The Court raised the compensation from Rs 10,18,655 to Rs 33,44,623 and directed a separate deposit for lifetime prosthetic limbs, released only against verified invoices.
On the night of 15 May 2011, the claimant, then 17 and studying in Class XI, was travelling home from a wedding in a bus. Near Jaffarpur Kalan the rear tyre burst and a sheet above it struck his right leg. He was treated at several hospitals; at a hospital in Mumbai his right leg was amputated below the knee because of infection. His disability certificate showed 70% permanent disability of the right lower limb. A daily diary entry was made on 20 May 2011 on his father’s complaint, and the FIR was registered only on 2 December 2011.
The Motor Accident Claims Tribunal, by award dated 3 January 2015, granted Rs 10,18,655 with 7.5% interest and held the insurer liable. The insurer appealed, relying on a discharge summary from one hospital, recorded when the patient left against medical advice, which said a cooler had fallen on his leg at home, and on its panel doctor’s evidence. In the alternative it argued that a tyre burst is a mechanical failure, not driver negligence. The claimant cross-appealed for enhancement, seeking 100% functional disability and the cost of prosthetic limbs.
The Key Question Before the Court
Was the injury caused by the bus accident, and can an insurer escape liability under Section 166 of the Motor Vehicles Act by calling a tyre burst a mere mechanical failure?
Preponderance of Probabilities, and Why a Tyre Burst Is Human Negligence
Justice Anish Dayal rejected the “cooler” version. The insurer’s panel doctor had never examined the patient and was found not credible, and the Court accepted the father’s explanation that he gave the cooler story only to speed up treatment. Other records, including a hospital entry describing the injury as the result of a road traffic accident, the eye-witnesses, the owner’s and IO’s statements, and the daily diary entry, pointed the other way. The Court found it “highly improbable” that the claimant had invented an accident story to obtain insurance, held the delay in the FIR explained, and concluded that “on the touchstone of preponderance of probabilities, it stands established” that the injury resulted from the accident.
On the tyre burst, the Court held that Section 165(1) covers injuries “arising out of the use of motor vehicles”, so mechanical failure does not defeat a claim. Following Minu B. Mehta v. Balkrishna Ramchandra Nayan, (1977) 2 SCC 441, it placed the burden on the owner to show the defect was latent, and found no evidence that the bus was roadworthy. Tyre bursts can result from speed, improper inflation, worn tyres or heat, which the driver or owner must check, so a tyre burst “could not be termed as an Act of God” and was “an act of human negligence”. The Court also referred to strict-liability principles from Rylands v. Fletcher and M.C. Mehta v. Union of India, (1986) 12 SC CK 0033, (1987) 1 SCC 395. On quantum it applied Raj Kumar v. Ajay Kumar, (2010) 10 SC CK 0022, (2011) 1 SCC 343, and for prosthetics Prahlad Sahai v. Haryana Roadways, (2026) 04 SC CK 0516, 2026 SCC OnLine SC 651.
What the Court Actually Held
- The injury was caused by the bus accident; the “cooler at home” version and the panel doctor’s evidence were rejected, and the delayed FIR was held explained.
- A tyre burst is not an Act of God; the owner must prove a latent defect, and absent proof of roadworthiness, the insurer remains liable.
- Compensation was recomputed on notional income of Rs 7,410 a month, 40% future prospects, multiplier 18 and 75% functional disability, giving Rs 33,44,623 against the Tribunal’s Rs 10,18,655; the enhancement of Rs 23,25,968 carries 7.5% interest from the date of the petition.
- Prosthetic limbs (about 11 limbs at Rs 3 lakh each over 53 years, plus maintenance) are to be deposited separately and released only against verified invoices; any unused balance after the claimant’s lifetime returns to the insurer.
Why This Judgment Matters
- It squarely rejects the defence that a tyre burst is an unforeseeable mechanical failure that excuses the owner and insurer.
- It shows how tribunals should weigh a single contrary hospital entry against the overall record on preponderance of probabilities.
- It applies the Supreme Court’s recent Prahlad Sahai approach to lifetime prosthetic costs for young amputees.
What Should Advocates Take Away From the Judgment?
For Claimants
- A delayed FIR or an inconsistent hospital note is not fatal if the overall evidence shows the accident; explain the discrepancy.
- Claim the full lifetime cost of prosthetics: replacement cycle, cost per limb and annual maintenance.
- For students, seek notional income at skilled minimum wage with future prospects.
For Counsel
- In tyre-burst cases, put the owner to proof of roadworthiness and latent defect under Minu B. Mehta.
- Challenge insurer panel doctors who never examined the patient.
- Expect courts to ring-fence prosthetic sums and release them only against invoices.
Key Takeaways
- A tyre burst is treated as human negligence, not an Act of God.
- MACT claims are decided on preponderance of probabilities, not proof beyond doubt.
- Functional disability was assessed at 75%, not 100%, for a below-knee amputation.
- Prosthetic limb costs can be awarded as a separate, invoice-linked fund.
Frequently Asked Questions
Is a tyre burst a valid defence for an insurer?
No. The Court held that a tyre burst is not an Act of God; the owner must prove a latent defect beyond his control, and here no evidence of roadworthiness was led.
How much compensation was awarded?
Rs 33,44,623 in place of the Tribunal’s Rs 10,18,655, with 7.5% interest on the enhanced amount from the date of the petition, plus a separate deposit for prosthetic limbs.
How will the prosthetic limb money be paid?
It is deposited separately before the Tribunal and released only on production of a verified original invoice; any balance not used in the claimant’s lifetime goes back to the insurer.
Conclusion
Fifteen years after a bus tyre burst cost a teenager his leg, the Delhi High Court has corrected an award that ignored his loss of earning capacity and future prosthetic needs. Its holding that a tyre burst is human negligence, not an Act of God, will matter in many accident claims involving public and private buses.
Practical takeaway: In tyre-burst accidents, put the burden of proving a latent defect on the owner, and plead lifetime prosthetic costs in detail.
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