The Supreme Court has ruled that the carmakers will have to pay damages, if airbags don’t deploy at the time of accidents. The court said that this is a clear case of negligence and has instructed the manufacturer to pay compensation to all those who were injured or died due to non-deployment of airbags at the time of accidents.

The top court said that since there are no standards for testing on whether a vehicle has been tested for potential hazards, it is clear that it didn’t happen in this case. It also said that since there was no standardization in testing and manufacturing, there is no way to know what happens in other cases where airbags don’t deploy as expected.

The Supreme Court also asked for a full report from the National Highway Traffic Safety Administration (NHTSA) about how many vehicles have been recalled due to this issue and what steps have been taken by them so far. In the year 2015, Hyundai Creta Customer filed a case against the Company because of the Airbags which didn’t deploy on the time of accident and this caused him several injuries and that’s the thing where all this started.

The court hearing still continues and after several years and at the costumer told the court that he buyed the car because of its safety feature and there is no written section in the car manual that says, the airbags will not deploy in some circumstances. And the car makers also urged during the court hearing to defend them by telling, the car is designed to deploy the airbag only if there is sufficient impact.

Further they added many more of the things like the airbags only deploy when the impact angle is less than 30 degree from the front axis. 

And at the end the court says that the customer had, Buyed the car for safety and there is no need for a customer to know about the impact angle and all things. The airbag had failed to deploy and that caused injuries to the customer and the company had to pay the damages.

The judgment said that the Damages awarded against the appellant and may have gone beyond the loss which is uttered by the costumer and may not represent the actual loss suffered by him in monetary terms. In our view, the defect is found to have the potential to cause serious injury to the consumer. The court divided the compensation under medical expenses and income loss Rs200000, mental agony Rs50000 and cost of litigation Rs50000.


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