Saturday, March 14, 2020

Drunk driver gets Rs 67 lakh compensation!

In a curious case, a man who met with an accident while driving under the influence of alcohol is all set to get a fat compensation of Rs 67.35 lakh from the State.

Published: 14th March 2020 06:30 AM 

By Express News Service

CHENNAI: In a curious case, a man who met with an accident while driving under the influence of alcohol is all set to get a fat compensation of Rs 67.35 lakh from the State. What worked in his favour? The officials failed to conduct proper medical tests to prove that he was, indeed, drunk that night. Earlier, the tribunal had fixed the compensation amount at Rs 30 lakh. 

Manikandan met with the accident way back in 2013. The car he was driving crashed against a truck. While hearing the case, a Motor Accident Claims tribunal ordered a relief of Rs 30 lakh, but deducted a part of the amount on the grounds that Manikandan was driving under the influence of alcohol. It held that his negligence contributed to the accident. 

However, hearing the case on Friday, a division bench comprising justices N Kirubakaran and Abdul Quddhose ordered Rs 67.35 lakh to be paid to the ‘victim’. The bench observed that the tribunal had come to the conclusion that Manikandan was drunk only based on the statement of doctors at the hospital where he was admitted after the accident. 

No proper medical test was conducted. “The police should take drunken drivers to labs to test alcohol content in the blood. Otherwise, they cannot prove it before Court. For non-compliance, this Court is compelled to set aside 50% of contributory negligence fixed on the part of the claimant.” The bench then directed the police department to arrest those involved in drunken driving and also make available sufficient breathalysers and posted the matter for filing compliance report, to April 6. 

No proper medical test conducted

The officials failed to conduct proper medical tests to prove that the man was, indeed, drunk that night. For non-compliance, this Court is compelled to set aside 50% of contributory negligence fixed on the part of the claimant

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