Mere Smell Of Alcohol In Post-Mortem No Grounds To Deny Compensation To Heirs Of Deceased Accident Victim: Calcutta High Court

The Calcutta High Court has held that the mere presence of an alcoholic smell in the stomach of a deceased accident victim, as noted in the post-mortem report, cannot be a ground to deny compensation to the legal heirs under the Motor Vehicles Act, 1988.Justice Biswaroop Chowdhury, while dismissing an appeal filed by The New India Assurance Co. Ltd., affirmed an award of compensation granted to the family of a deceased motorcyclist who died in a road accident involving a truck.The appeal arose from a judgment and award dated May 22, 2024, passed by the Additional District Judge, 3rd Court, Tamluk, in a claim petition under Section 166 of the Motor Vehicles Act. The Tribunal had awarded compensation of ₹11.41 lakh with 6% interest to the claimants—the mother and other dependants of the deceased Ganesh Das.The accident occurred on December 27, 2020, when the motorcycle ridden by the deceased collided with a truck alleged to have been driven rashly and negligently. The deceased succumbed to injuries at the spot.Challenging the award, the insurance company argued that the deceased was allegedly driving in a drunken condition, as the post-mortem noted an alcoholic smell in the stomach; the motorcycle ridden by the deceased was not insured; and the compensation awarded was excessive.The claimants, on the other hand, filed cross-objections seeking enhancement of compensation, contending that the deceased earned ₹15,000 per month, whereas the Tribunal assessed his income at ₹5,000 per month.Rejecting the insurer's plea on intoxication, the High Court observed that under Section 185 of the Motor Vehicles Act, intoxication must be established by proving that the blood alcohol content exceeded the prescribed limit.The Court held: “When the person who met with the accident is dead and alleged to be drunk, the heirs of the said victim cannot be deprived of compensation because the said person was the fit person, if alive, to defend his case.”The Court further noted that in the absence of any breath analyser or blood alcohol test, the mere smell of alcohol could not conclusively establish drunken driving.On the issue of non-insurance of the motorcycle, the Court clarified that the claim was against the insurer of the offending vehicle, and not against the insurer of the victim's vehicle. Since there was no contractual relationship between the appellant insurer and the owner of the motorcycle, this defence was held to be irrelevant.Regarding quantum of compensation, the Court upheld the Tribunal's assessment of income at ₹5,000 per month, noting that the claimants failed to prove higher income by examining the employer or producing documentary evidence.While dismissing the appeal, the Court made an important observation on public safety, suggesting that insurance companies should inform transport authorities when vehicles continue to ply on roads without renewal of expired insurance policies, despite reminders.Dismissing both the insurer's appeal and the claimants' cross-objections, the High Court affirmed the Tribunal's award and held that there was no infirmity in the compensation granted.The claimants were permitted to withdraw the awarded amount along with accrued interest upon compliance with formalities.Case Title: The New India Assurance Co. Ltd. v. Sabita Das & Ors.Case No: F.M.A. 1044 of 2024Click here to read order

Mere Smell Of Alcohol In Post-Mortem No Grounds To Deny Compensation To Heirs Of Deceased Accident Victim: Calcutta High Court

Srinjoy Das

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Mere Smell Of Alcohol In Post-Mortem No Grounds To Deny Compensation To Heirs Of Deceased Accident Victim: Calcutta High Court

Srinjoy Das

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