The Calcutta High Court ruled that the mere presence or smell of alcohol detected in a post-mortem examination cannot, by itself, be a valid reason to deny compensation to the legal heirs of a deceased accident victim. The court was hearing an appeal arising from a motor accident claim in which compensation had been reduced or denied on the assumption that the deceased was under the influence of alcohol at the time of the accident. The High Court examined whether such an inference could legally be drawn solely on the basis of a post-mortem observation without supporting scientific evidence establishing intoxication or its causal link to the accident.
The case involved the death of a person in a road traffic accident, after which the dependents of the deceased filed a claim seeking compensation under the Motor Vehicles Act. The claim was contested on the ground that the post-mortem report recorded the smell of alcohol emanating from the body of the deceased. On this basis, it was argued that the deceased was intoxicated and therefore negligent, and that such negligence either disentitled the family from compensation or warranted a reduction in the amount awarded. The Motor Accident Claims Tribunal had accepted this reasoning to some extent, leading to the matter being carried in appeal before the High Court.
While considering the appeal, the High Court scrutinised the evidentiary value of the post-mortem report. The court noted that the report merely recorded the presence of a smell of alcohol and did not contain any toxicological analysis or blood alcohol content measurement. The court observed that a post-mortem note regarding smell cannot establish the level of alcohol consumption, the degree of intoxication, or whether the deceased was incapable of exercising due care at the time of the accident. The court emphasised that intoxication is a medical and scientific determination that requires proper forensic evidence and cannot be presumed on the basis of smell alone.
The High Court further observed that even if alcohol consumption were assumed, the law requires a clear causal connection between the alleged intoxication and the accident. The court held that unless it is demonstrated through cogent evidence that the deceased was so intoxicated as to contribute directly to the occurrence of the accident, compensation cannot be denied or reduced. The mere allegation of alcohol consumption, without proof of impaired judgment or rash conduct attributable to intoxication, was held to be insufficient to establish contributory negligence.
The court also referred to the settled legal position that motor accident compensation is a beneficial legislation intended to provide relief to victims and their dependents. It reiterated that such claims must be decided on the basis of evidence and legal principles, not on assumptions or moral judgments about the conduct of the deceased. The court cautioned against drawing adverse inferences against accident victims or their families on speculative grounds, particularly when statutory compensation mechanisms are involved.
In the facts of the case, the High Court found that there was no evidence on record to show that the deceased was driving under the influence of alcohol or that his conduct had contributed to the accident. There was also no material to suggest that the accident occurred due to any fault or negligence on the part of the deceased arising from intoxication. In the absence of such evidence, the court held that the tribunal had erred in relying on the post-mortem remark regarding smell of alcohol to deny or curtail compensation.
Accordingly, the High Court set aside the finding that attributed negligence to the deceased on the basis of alcohol consumption. It directed that compensation be assessed and awarded to the legal heirs without taking into account the unsupported assumption of intoxication. The court reaffirmed that insurers and tribunals must rely on legally admissible and scientifically reliable evidence when alleging contributory negligence based on intoxication.
Through this ruling, the Calcutta High Court clarified that a post-mortem observation of alcohol smell, in the absence of toxicological confirmation and proof of causal negligence, cannot be used as a ground to deprive the family of a deceased accident victim of their statutory right to compensation. The judgment reinforces the principle that compensation claims must be adjudicated on proven facts and established legal standards, ensuring fairness to the dependents of accident victims.
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