HC to insurer: Can't deny compensation on the ground that driver was drunk

Kolkata: Insurers cannot deny compensation to the family of a fatal road accident victim merely because an autopsy has detected alcohol in the abdomen, as the deceased is not available to defend himself against allegations of drunk driving, Calcutta high court has observed.Justice Biswaroop Chowdhury on Friday upheld an East Midnapore court's decision awarding Rs 11.4 lakh to the biker's family, directing the insurance company to pay the compensation along with 6% per annum interest from 2021, when the claim was filed.The court acknowledged that drunk driving violates Motor Vehicles Act. "But when the person who met with an accident is dead and is alleged to have been drunk, the heirs of the victim cannot be deprived of compensation, as the person, if alive, was fit to defend his case as to whether he was in drunken condition...

but when he is dead there is no such opportunity," Justice Chowdhury said.The claimants' counsel argued that under Section 185 of Motor Vehicles Act, punishment applied only when blood alcohol content exceeded 30mg per 100ml, as detected by a breath analyser. Since the victim could not defend himself, allegations of drunkenness could not be used to deny compensation. The counsel further submitted that the bike being uninsured did not alter liability, as the offending truck was insured.

The accident occurred in Dec 2020 when Ganesh Das and another person were travelling from Nimtouri to Nandakumar on NH-41. A speeding truck hit the motorcycle. While the pillion rider survived, Ganesh died on the spot. Justice Chowdhury also took "sad note" of vehicles plying without valid insurance and observed that insurers should inform transport authorities when a policy expired and was not renewed despite reminders.