Jodhpur: In a significant decision, the Rajasthan State Consumer Disputes Redressal Commission has directed a leading car manufacturer to pay Rs 21 lakh compensation to the family of a man who died in a car accident due to the manufacturing defect in the airbags way back in 2012. Chairman State Consumer Disputes Redressal Commission, Devendra Kachhwaha and members Nirmal Singh Medatwal and Liaquat Ali accepted the complaint regarding the death of the driver in the accident due to the non-opening of the airbag despite the car seat belt being on.
The commission directed the car manufacturer to pay Rs 20 lakh for loss of income, Rs 50,000 for mental agony and Rs 50,000 for complaint expenses in 45 days. The complaint was filed by Neetu, wife of the deceased, a resident of Jodhpur, through advocate Anil Bhandari. In her complaint, Neetu said that on May 2, 2012, her husband Virendra Singh bought a car worth about ten lakh rupees, in which airbags were also installed.
She said that on Dec. 27, 2012, her husband was going from Jodhpur with three other persons wearing a seat belt when the car collided with a roadside iron signboard and overturned two or three times. All four died on the spot. Advocate Bhandari argued that the family members of the remaining three have filed a claim in the Motor Accident Claims Tribunal.
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He said that Virender Singh, who was driving the car himself, died as the airbags of the car did not open even though he was wearing seat belt. Bhandari argued that non-opening of airbag is a manufacturing defect and for this the car manufacturer is fully responsible and liable as the life of the complainant's husband could have been saved in the event of airbag opening.
He said that when seeking compensation from the car manufacturer, they gave a ridiculous reason that the car did not have a direct collision and they are not responsible if the front part is less than 30 per cent damaged. Advocate Bhandari said that the car manufacturer did not specify at the time of purchase as to what kind of accident the airbags would avoid, so he is entitled to compensation from the manufacturer.
It was argued on behalf of the renowned car manufacturer that the manual given at the time of purchase of the car provides that the airbags will open only when at least 30 per cent of the front part of the car is damaged, while only 20 per cent of the front part of the car is damaged in the accident. The State Commission however observed that the 40-year-old driver of the car died in the accident due to non-opening of the airbag and the car's insurance company claimed the car was totally wrecked in the accident.
While disposing the case, the commission directed the car manufacturer to pay the compensation to the woman within 45 days.
