Telangana High Court
The National Insurance Co Ltd vs Bellamkonda Vijayamma 5 Ors on 6 January, 2023
Bench: M.Laxman
THE HON'BLE SRI JUSTICE M.LAXMAN
CIVIL MISCELLANEOUS APPEAL No.1222 of 2008
JUDGMENT:
1. The present Civil Miscellaneous Appeal has been directed
against the Order dated 06.10.2006 in W.C.Case No.24 of 2005
on the file of the learned Commissioner for Workmen's
Compensation and Assistant Commissioner of Labour, Khammam
whereunder the claim of the respondent Nos.1 to 5 seeking
compensation for death of one Bellamkonda Anantha Ramulu in
a motor vehicle accident that occurred on 26.07.2004 was partly
allowed granting compensation of Rs.2,95,288/-. The present
Appeal is at the instance of the National Insurance Company
Limited, which was the opposite part No.2 before the
Commissioner.
2. Heard.
3. The main grievance of the appellant is that, the
Commissioner while awarding compensation has not taken into
consideration the fact that the deceased driver, at the time of
accident, was in a drunken state which is an offence under the
Motor Vehicles Act, 1988 (for short, "the Act"). Therefore, the
Commissioner ought not to have fixed liability on the appellant by
granting compensation.
4. Learned counsel for the respondent Nos.1 to 5 contended
that there is no evidence on record except the statement in charge
sheet that the driver was drunk at the time of accident. Unless
medical evidence is on record, it cannot be assumed that the
driver was drunk at the time of accident. Therefore, such a
contention has no merit and prayed to dismiss the Appeal.
5. In this regard, it is relevant to refer to Section 185 of Motor
Vehicles Act, 1988 which reads as hereunder:-
"Section 185. Driving by a drunken person or by a person
under the influence of drugs.--Whoever, while driving, or
attempting to drive, a motor vehicle,
(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of
blood detected in a test by a breath analyser, [or in any other test
including a laboratory test] or
(b) is under this influence of a drug to such an extent as to be
incapable of exercising proper control over the vehicle, shall be
punishable for the first offence with imprisonment for a term
which may extend to six months, or with fine [of ten thousand
rupees], or with both; and for a second or subsequent offence,
with imprisonment for a term which may extend to two years, or
with fine [of fifteen thousand rupees] or with both.
[Explanation.--For the purposes of this section, the expression
"drug" means any intoxicant other than alcohol, natural or
synthetic, or any natural material or any salt, or preparation of
such substance or material as may be notified by the Central
Government under this Act and includes a narcotic drug and
psychotropic substance as defined in clause (xiv) and clause (xxii)
of Section 2 of the Narcotic Drugs and Psychotropic Substances
Act, 1985 (61 of 1985)]".
6. A reading of the above provision makes it clear that, the
quantum of alcohol shall not exceed 30 mg. per 100 ml. of human
blood. This means that any person, who consumed alcohol below
30 mg. per 100 ml. of blood cannot be said to have committed
any offence. Such consumption is not prohibited. It is true that in
the charge sheet, there is a reference that the deceased was
drunk at the time of accident. The investigating Officer failed to
collect any medical evidence in this regard. It is necessary to
establish that in the blood of the deceased, the quantum of
alcohol is more than 30 mg per 100 ml. blood and the same is
lacking in the present case. Therefore, this Court finds that there
is no substantial question of law involved in the present case so
as to interfere with the findings of the Commissioner. The Appeal
is devoid of merits and liable to be dismissed.
7. In the result, the Civil Miscellaneous Appeal is dismissed.
No costs.
Miscellaneous Petitions, pending if any, shall stand closed.
______________________
JUSTICE M.LAXMAN
06.01.2023
ESP
THE HON'BLE SRI JUSTICE M.LAXMAN
C.M.A.No.1222 of 2008
Dated: 06.01.2023
ESP
