City Reports

Car company ordered to pay Rs 21 lakh as compensation for faulty airbags in fatal accident

The commission deemed the non-opening of airbags during a fatal car accident as a manufacturing defect.

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June 24, 2023, 11:37 pm

Air bag in car

Car company ordered to pay Rs 21 lakh as compensation for faulty airbags in fatal accident

JAIPUR: Jodhpur Bench of the State Consumer Commission has recently ruled in favor of the complainants, Neetu and others, ordering A car company to pay a hefty compensation of Rs 21 lakh.

The commission deemed the non-opening of airbags during a fatal car accident as a manufacturing defect, holding the car company responsible for the tragic incident.

The compensation is to be provided to the grieving family members of Virendra Singh, who lost his life in the accident. The commission’s chairman, Justice Devendra Kachhwaha, along with members Nirmal Singh Medatwal and Liaquat Ali, passed this verdict.

According to the complaint lodged by Neetu and others, they had purchased a car from Hyundai on May 2, 2012, and had it insured through the seller.

On December 27, 2012, Virendra Singh, accompanied by Rameshwarlal and two others, was traveling from Jodhpur to Nagaur when the unfortunate incident occurred.

Despite the car overturning multiple times due to a collision with an unidentified vehicle on Nagaur Road, the airbags failed to deploy. Tragically, Virendra and three other passengers in the car succumbed to severe head injuries caused by the accident.

An FIR was immediately registered at Kotwali police station, Nagaur. The car was completely totaled, and the insurance company duly compensated for the loss.

The survey report revealed that the car’s safety airbag system had failed, resulting in the non-deployment of the airbags during the accident.

This manufacturing defect directly contributed to Virendra’s fatal head injury. In response, the car company argued that the accident occurred due to the driver’s negligence and requested the dismissal of the complaint, stating that the insurance company had not been involved in the proceedings.

They contended that the commission did not have the authority to hear the case. After careful consideration of both parties’ arguments, the commission determined that the non-deployment of airbags constituted a manufacturing defect, holding Hyundai liable for damages.

The State Consumer Commission has directed Hyundai Motor India to provide the compensation amount to Virendra Singh’s family within 45 days.

First published: June 23, 2023