New Delhi, Jun 24 Mere consumption of alcohol by a road accident victim does not per se establish contributory negligence, said a motor accident claims tribunal here, awarding Rs 30.77 lakh to a man who was grievously injured in a 2018 road accident.
Presiding officer Shirish Aggarwal was hearing the claim petition of 21-year-old Sachin Dhawan, who said that he was riding a motorcycle near Pusa Gate when a truck, allegedly being driven in a rash and negligent manner, hit the two-wheeler and dragged it for some distance on July 5, 2018.
The petitioner said that because of the accident, he was grievously injured and suffered 40 per cent permanent disability in his left lower limb.
In an order dated June 6, the tribunal said, “Perusal of the medico-legal report (MLC) of the petitioner reveals that his breath smelled of alcohol. However, the quantity of alcohol consumed by the petitioner at the time of the accident is not on record, and therefore, it cannot be presumed that he was riding the motorcycle after consuming alcohol beyond the permissible limit.”
It said that even otherwise, merely because someone has consumed alcohol within or beyond the permissible limit does not entitle anyone else to drive his vehicle rashly and negligently and hit another person who has consumed alcohol.
“Mere consumption of alcohol by the victim does not per se establish contributory negligence,” the tribunal said.
“Other than a bald ipse dixit averment in the written statement, there is no evidence on record which establishes that the petitioner rode the motorcycle rashly and negligently under the influence of alcohol and that the petitioner was not wearing a helmet,” it added.
The tribunal said that the truck driver was the best witness who could have stepped into the witness box to rebut his involvement in the accident and prove the rash and negligent driving of the petitioner, and that he was not wearing a helmet, but the driver did not appear before the tribunal.
“Even otherwise, there is nothing on record to establish that not wearing a helmet was a factor which contributed to the occurrence of the said accident. No doubt, not wearing a helmet at the time of riding a two-wheeler amounts to a violation of law/rules; it does not fall within the ambit of contributory negligence,” the tribunal said.
It also said that contributory negligence cannot be fastened upon the petitioner as he was not holding a driving licence at the time of the accident.
Noting the evidence before it, the tribunal said it “stands proved on the touchstone of preponderance of probability” that the petitioner sustained grievous injuries in the accident, which took place due to the rash and negligent driving of the truck.
The tribunal directed the truck’s owner and driver to pay the compensation of Rs 30.77 lakh along with interest.
