7 months ago
Uttarakhand High Court Upholds Compensation for Landslide Victims
The Uttarakhand High Court has decided that the sons of a couple who died in a landslide should receive compensation.
The court disagreed with the transport company's argument that the landslide was an 'Act of God' because they found that human negligence played a role.
The court agreed with the earlier decision to give the sons Rs 31.4 lakh as compensation.
The judge said that when people are negligent, the 'Act of God' defense doesn't work.
This means the transport company has to pay the compensation.
Uttarakhand High Court upheld compensation of Rs 31.4 lakh for the sons of a couple who died in a landslide.
The transport corporation argued the incident was an 'Act of God', but the court rejected this defense.
Justice Pankaj Purohit found the tribunal's decision well-reasoned and dismissed the corporation's appeal.
The court held that human negligence invalidates the 'Act of God' defense.
The original compensation was awarded by the Motor Accident Claims Tribunal (MACT).
- Who
- Sons of a couple who died in a landslide
- What
- Uttarakhand High Court upheld compensation awarded to the victims' sons
- Where
- Uttarakhand, India
- When
- Not specified
- Why
- The court found that human negligence intervened, making the 'Act of God' defense invalid
Key facts
- Compensation Amount
- Rs 31.4 lakh
- Incident Type
- Landslide causing bus to fall into gorge
- Defendant
- Transport Corporation
- Court
- Uttarakhand High Court
- Judge
- Justice Pankaj Purohit
- Original Awarding Body
- Motor Accident Claims Tribunal (MACT)
- Defense Argument
- Act of God
- Court's Stance on Defense
- Misconceived, diluted by human negligence
Quotes
Justice Pankaj Purohit
Justice of the Uttarakhand High Court
“Once human negligence intervenes, the shield of ‘Act of God’ stands diluted and becomes unavailable.”
indianexpress.com
