Time to tighten laws on drunk driving, HC advises Centre

Holding that the time has now come for such a measure as too many lives have already been lost to this lethal cocktail of internal consumption and internal combustion, Justice R Mahadevan said, “While Section 185 prescribes the so-called ‘limits’, it is duty-bound to observe that these limits seem to be theoretical as the effect of alcohol on an individual can vary widely.”

Noting that the alcohol effect involves multitude of factors, including body type, the amount of food taken before or after alcohol consumption, a genetic disposition to high or low tolerance for alcohol, how fast the alcohol is consumed and even external factors, Justice Mahadevan said, “These effects are well studied, but they cannot be viewed either in isolation, nor is it reasonable, in the view of this Court, to adopt any particular norm that may be applied in other jurisdictions overseas.”

Justice Mahadevan made these observations while dismissing an appeal moved by an accident victim K Shanmugam seeking enhanced compensation. He was hit by a car near DC Road, Meenambakkam on April 21, 2003. In the impact he fell and sustained fracture on left ankles besides multiple injuries on the body. Based on this, he moved tribunal seeking Rs 2 lakh as compensation.

However, the tribunal on holding that accident had occurred due to the rash and negligent act of the car driver and that the petitioner was drunk at the time of the accident fixed the contributory negligence at 60% and 40% on them. Hence, out of the total compensation of Rs 65,880, the insurer was directed to deduct 40% from the said quantum and pay Rs 39,500. Aggrieved over this, Shanmugam moved an appeal seeking enhanced compensation as the amount awarded was disproportionate to the nature of the injuries.

However, Justice Mahadevan while refusing to grant any relief the petitioner also set aside the tribunal order fastening the liability on the Insurer at 60%. “This Court finds that the claimant himself was responsible for the accident. As such, the question of fastening liability either on the owner or on the Insurance Company does not arise,” he said. Also citing various reports wherein around 1.34 lakh people die every year in India on account of road accidents of which 70% are due to alcohol consumption, Justice Mahadevan directed the State Government to issue appropriate directions to ensure that there is a proper coordination between the Police and the Licensing Authorities so that suspension of the driving license is initiated immediately after the offence is committed.