Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection Act 1986: s. 14(1) – Defect in respect of safety features of a vehicle |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Consumer Protection Act, 1986: s. 14(1) – Defect in respect of safety features of a vehicle – Award of punitive damages – On facts, non-deployment of air bags in the car at the time of accident resulting in injuries to the complainant – Award of compensation by fora below – On appeal, held: Fora below rightly relied on the principle of Res Ipsa Loquitur to affix the liability of the manufacturer as regards defect in the airbag system, having regard to the nature of the collision and took the view that expert evidence was not necessary – They highlighted that there was significant damage to the front portion of the vehicle – Ordinarily a consumer while purchasing a vehicle with airbags would assume that the same would be deployed whenever there is a collision from the front portion of the vehicle – Deployment of the airbags ought to have prevented injuries being caused to those travelling in the vehicle, particularly in the front seat – Consumer is not meant to be an expert in physics calculating the impact of a collision on the theories based on velocity and force – Thus, no error in the findings of the two fora as regards there being defect in the vehicle – As per the statute, the direction could be for replacement of defective goods as also punitive damages – In the facts of the case, direction for replacement of the vehicle is justified and the fact that the consumer has got the car repaired on insurance money would not impact the quantum of damages, which is partly punitive in nature – Failure to provide an airbag system which would meet the safety standards to be subject to punitive damages – Thus, the decision of the National Commission not interfered with – Sale of Goods Act, 1930 – ss. 2(7), 16. |
Judge | Hon'ble Mr. Justice Aniruddha Bose |
Neutral Citation | 2022 INSC 454 |
Petitioner | Hyundai Motor India Limited |
Respondent | Shailendra Bhatnagar |
SCR | [2022] 3 S.C.R. 107 |
Judgement Date | 2022-04-20 |
Case Number | 3001 |
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