Bengaluru: When the claimant himself violates the mandate of law by riding the motorcycle under the influence of alcohol and files a claim petition, the established principle of liberal interpretation of a benevolent enactment like the Motor Vehicles Act cannot be stretched to cover such cases.The Karnataka High Court has made this observation in an order passed on September 1 while reducing the compensation amount by 30% in relation to an eight years old accident case wherein the rider was found riding the vehicle under the influence of alcohol.One Vishwanath ,a resident of Basavakalyan ,Bidar district was riding the motorcycle on the night of September 22,2018.According to him,when slowed the vehicle to avoid hitting a dog near Khanapur cross, along Hyderabad – Mumbai highway,a speeding Maruti Swift car hit his vehicle, causing multiple injurious all over the body .He moved the tribunal at Bidar , seeking Rs 30 lakh compensation ,citing that he is employed in Kored Infratech Pvt. Ltd., at Hyderabad and was getting salary of Rs. 12,470 per month.On April 11,2023, the tribunal awarded Rs 5.09 lakh compensation along with 6% interest.The owner of the Swift car and National Insurance Company Limited,the insurer ,were held liable to settle the same.The insurer challenged the said order, arguing that the claimant was under the influence of alcohol as per the medical evidence and the accident was self created one.However, after perusing the materials on record, Justice Aravind ruled that claimant had contributed negligence to the extent of 30% on account of riding the motorcycle under the influence of alcohol.Riding a motorcycle under the influence of alcohol is an offence. When a person uses a vehicle under the influence of alcohol, he not only poses himself to risk but also exposes other road users, the public, and society at large to risk, Justice KV Aravind has noted in his order.In the era of increasing human population, vehicle population, and road congestion, vehicle users should exhibit obedience to the law and concern for fellow road users. If liberal interpretation ( of MV Act) is extended to a person who comes before the Tribunal claiming compensation after violating the law , it would add a premium to the violation and would result in the breakdown of the road discipline, maintenance of law and order. When such instances are noticed by the Court, the same is to be viewed and handled strictly,the judge further added while directing the National Insurance Company Limited to deposit 70% of the compensation awarded by the Tribunal with applicable interest.
