Recently, the Calcutta High Court delivered a significant ruling safeguarding the rights of road accident victims’ families, holding that insurance companies cannot deny compensation solely on the basis that alcohol was detected in the deceased’s body during post-mortem examination.
The case arose from a fatal road accident that occurred in December 2020 on National Highway-41. Ganesh Das was travelling on a motorcycle from Nimtouri to Nandakumar when a speeding truck collided with the bike. While the pillion rider survived, Das died on the spot.
His family filed a motor accident claim in 2021. An East Midnapore court awarded compensation of Rs.11.4 lakh in their favour. The insurance company challenged this award before the Calcutta High Court, citing the detection of alcohol in the deceased’s abdomen during autopsy.
The Insurer argued that the deceased was driving under the influence of alcohol, which amounted to a violation of the Motor Vehicles Act, 1988 and therefore disentitled the claimants from receiving compensation.
The Claimants’ counsel contended that under Section 185 of the Motor Vehicles Act, drunken driving is established only when blood alcohol content exceeds 30 mg per 100 ml, as determined by a breath analyser test. Since the victim had died, he had no opportunity to defend himself against allegations of intoxication. It was further argued that even if the motorcycle was uninsured, liability still rested with the insurer of the offending truck, which was duly insured.
Justice Biswaroop Chowdhury acknowledged that drunk driving is an offence under the Motor Vehicles Act. However, the Court emphasised that when the alleged drunk driver has died, he cannot be expected to defend himself or contest such allegations. In such circumstances, the legal heirs cannot be deprived of compensation merely on the basis of alcohol detection in the post-mortem report.
The Court also expressed concern over vehicles plying without valid insurance and observed that insurers should proactively inform transport authorities when policies expire and remain unrenewed despite reminders.
Upholding the decision of the East Midnapore court, the Calcutta High Court directed the insurance company to pay Rs. 11.4 lakh as compensation to the deceased’s family, along with interest at the rate of 6% per annum from the date of filing of the claim in 2021.
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