Chennai, Apr 17 (PTI) The Madras High Court has directed the Tamil Nadu government to ask all the hospitals to assess the level of alcohol in the blood of the deceased/injured in accidents, in order to determine contributory negligence to be attributed against the claimants in such cases.

Justice N Anand Venkatesh gave the directive recently while enhancing the compensation of Rs 1.53 lakh awarded by a lower court to Rs 3.53 lakh to a claimant.

Also Read | MHADA Maharashtra Lottery 2024: Know Eligibility Criteria, List of Required Documents and How To Apply Online at housing.mhada.gov.in.

The court also said consuming alcohol per say was not an offence. In fact, the State was the only provider of the alcohol to the citizens through the IMFL shops run by them. In view of the same, it was the sole responsibility of the State to also take care of the consequences arising out of consumption of liquor.

The court directed the Principal Secretary, Ministry of Health and Family Welfare, Government of Tamil Nadu to issue a circular to all the hospitals regarding assessing alcohol levels in blood.

Also Read | World Population Report 2024: India Leads Globally With Population of 144.17 Crore, Followed by China at 142.5 Crore, Says UNFPA.

The judge said, "this practice shall be made mandatory since there is an increase in the number of cases where the rider of the vehicle drives the vehicle after consuming alcohol. Even though the State Government is taking steps to conduct surprise checks, that by itself will not stop this problem and it has to be made mandatory to assess the level of alcohol in the blood at least in cases where accidents take place."

"This will help the motor accident claims preferred by such persons to be decided in a proper manner while determining the issue of negligence to be attributed in an accident".

The Motor Accident Claims Tribunal, Perambalur, had in 2022 awarded Rs 3.07 lakh to the claimant Ramesh. However, attributing 50 per cent negligence against him, the Tribunal deducted an equal number from the compensation. Aggrieved, the claimant had preferred the present petition.

The judge said in the accident register as well as the evidence of the doctor, it was mentioned that the claimant smelled of alcohol. The Tribunal assumed that due to the influence of alcohol and since the claimant did not keep safe distance from the lorry, the two wheeler had dashed on its rear side.

Therefore, 50 per cent contributory negligence was attributed against the claimant, the judge added.

The court said consuming alcohol per say was not an offence. In fact, the State was the only provider of the alcohol to the citizens through the IMFL shops run by them. In view of the same, it was the sole responsibility of the State to also take care of the consequences arising out of consumption of liquor. What was important was to see if the consumption of alcohol has influenced the driving capacity of the rider of the vehicle.

Section 185 of the Motor Vehicles Act, 1988, gives some indication with respect to the level of alcohol in the blood which will be considered to be an offence. It was provided that the alcohol in the blood cannot exceed 30 mg per 100 ml of blood. Only if the level crosses this threshold fixed under the provision, a criminal offence was said to have been committed.

Therefore, it can be safely held that the same threshold can be applied even to make a legal presumption that a person will not be within control while riding the vehicle under the influence of alcohol, the judge added.

The judge said the doctor, who was examined and also the accident register that was marked, nowhere indicates the level of alcohol in the blood of the claimant. What was mentioned was that the claimant smelled of alcohol in his breath. This finding by itself was not sufficient to attribute contributory negligence against the claimant.

"In the light of the above discussion, this Court is inclined to interfere with the finding of the Tribunal with respect to attributing 50 per cent contributory negligence on the claimant", the judge added.

The judge said before drawing the curtains, this Court in many cases was able to see that the doctor, who gives the treatment immediately after the injured was taken to the hospital or when the deceased was brought to the hospital, smells alcohol in their breath. This was also indicated in the accident register prepared by the doctor.

However, in none of these cases, the effort was taken to find out the percentage of alcohol in the blood. This determination was very important since it will show as to whether the person who had consumed alcohol, was within his limits or exceeded the limits and he was not within his control.

Such a scientific data will also enable the Court to come to correct conclusions in cases of this nature. Since this practice was not followed, this court was inclined to issue the above directions, the judge added.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)