Calcutta High Court Upholds Compensation in Fatal Motor Accident Case

Insurance Company’s Appeal Rejected; Drunkenness Allegation Not Proven

In a significant judgment, the Calcutta High Court dismissed an appeal filed by New India Assurance Co. Ltd., challenging the compensation awarded to the family of Ganesh Das, a victim of a fatal road accident. The court upheld the trial court's decision to award Rs 11.41 lakh to the deceased's family, rejecting the insurance company's claims that the compensation was excessive and that the victim was allegedly intoxicated during the incident.

The accident occurred on December 27, 2020, when Ganesh Das, along with a companion, was riding a motorcycle that collided with a truck due to the truck driver's alleged rash and negligent driving. The trial court had initially awarded the compensation based on the victim's monthly income, estimated at Rs 5,000, as the claimants could not provide evidence of a higher income.

The insurance company appealed, arguing that the victim was inebriated, as suggested by the post-mortem report indicating an alcoholic smell. However, Justice Biswaroop Chowdhury emphasized that mere suspicion of intoxication does not suffice to deny compensation. He highlighted that under Section 185(A) of the Motor Vehicles Act, 1988, intoxication must be proven with specific blood alcohol content levels, which was not done in this case.

Furthermore, the court clarified that the absence of insurance for the victim's motorcycle does not absolve the insurer of the offending truck from liability. The court also noted the importance of ensuring that all vehicles on the road have valid insurance to safeguard public interest and safety.

The decision reinforces the legal stance that compensation cannot be denied to the heirs of a deceased victim on unproven allegations of drunkenness, particularly when the victim is no longer able to defend themselves. The court's judgment affirms the trial court's award and directs the insurance company to comply with the payment order, including interest, to the victim's family.

Bottom Line:

Motor Accident Claims - Compensation cannot be denied to the heirs of a deceased victim on the ground of alleged drunkenness unless proven under Section 185(A) of the Motor Vehicles Act, 1988. The absence of insurance for the vehicle in which the victim was travelling does not absolve the insurer of the offending vehicle from liability.

Statutory provision(s): Motor Vehicles Act, 1988 Section 166, Motor Vehicles Act, 1988 Section 185(A)

New India Assurance Co. Ltd. v. Sabita Das, (Calcutta) : Law Finder Doc Id # 2821933