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Synopsis

The Madras High Court earlier this week noted a concerning trend in road accident cases where doctors who give treatment to the injured or examine the deceased, often only detect the smell of alcohol in their breath and fail to conduct blood alcohol level tests.

Court stressed that the determination of alcohol in the blood in accident cases is very important since only it can determine whether the person who had consumed alcohol, was within his limits or exceeded the limits and he was not within his control.

Court said that such scientific data will also enable the court to come to correct conclusions in cases of this nature.

Therefore, since this practice was not being followed, the single judge bench of Justice N Anand Venkatesh issued the following directions:

- Principal Secretary, Ministry of Health and Family Welfare, Government of Tamil Nadu, shall issue a circular to all the hospitals including private hospitals to the effect that in all cases where the injured or the deceased is brought to the hospital and smells alcohol, the level of alcohol in the blood shall be assessed and the same must be noted in the relevant records.

- This practice shall be made mandatory.

Court noted that though the State Government is taking steps to conduct surprise checks, it held that this itself will not stop this problem.

it has to be made mandatory to assess the level of alcohol in the blood atleast in cases where accidents takes 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, court said. 

The judgment was delivered in an appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the decree and judgment passed by the Motor Accidents Claims Tribunal/Subordinate Judge's Court, Perambalur.

The claimant not being satisfied with the quantum of compensation awarded moved the high court. His case was that he was s riding his two wheeler, the offending vehicle which was a lorry and was going in front him all of a sudden stopped and as a result, the two wheeler driven by the claimant hit the rear side of the lorry.

As a result of this accident, the claimant sustained multiple injuries. An FIR came to be registered against the driver of the lorry. Under these circumstances, the claimant filed the claim petition seeking for payment of compensation.

The Tribunal came to a conclusion that the accident took place only due to the rash and negligent driving on the part of the driver of the lorry but it attributed 50% contributory negligence against the claimant on the ground that he should have maintained safe distance from the lorry. Apart from that, the Tribunal also pointed out that when the doctor treated the claimant, he also smelt alcohol in his breath.

The high court opined that though the doctor had mentioned that he smelt alcohol in the claimant's breath but this finding itself was not sufficient to attribute contributory negligence against the claimant.

Regarding the ground of maintaining safe distance from the vehicle going in front, court held that in the towns, suburbs and cities, it is too difficult to maintain safe distance.

Referring to the prevailing reality, court said that in many instances, when the vehicle going in front applies sudden break, it becomes very difficult for the vehicle following it to come to a grinding halt and in most of the cases, the vehicle which follows invariably hits the rear side of the vehicle.

Therefore, even though it is advisable to maintain a safe distance, the fact that the vehicle has been hit on the rear side due to the sudden break applied by the vehicle in front, by itself will not result in attributing contributory negligence, court held. 

Accordingly, court enhanced the compensation awarded by the Tribunal and disposed of the appeal. 

Case Title: Ramesh v. Selvakumar and Another