New Delhi: Holding that mere consumption of alcohol by a road accident victim does not establish contributory negligence, a Delhi Motor Accident Claims Tribunal awarded Rs 30.77 lakh compensation to a man who suffered grievous injuries in a 2018 road accident.Presiding official Shirish Aggarwal observed that although the petitioner’s medico-legal report recorded smell of alcohol on his breath, “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 after consuming alcohol beyond the permissible limit.”According to the petitioner, he was travelling with a friend from Naraina to Inderpuri on July 5, 2018, when a truck, allegedly being driven in a negligent manner, hit their motorcycle near the NDPL Pusa Gate traffic signal and dragged it for some distance, leaving both with serious injuries. During cross-examination, he admitted that both of them had consumed about half a can of beer before the accident.The respondents sought to rely on the petitioner’s alcohol consumption as their primary defence. However, the tribunal noted there was “no evidence on record” to establish that he had been riding rashly or negligently under the influence of alcohol. It also drew an adverse inference against the truck driver for failing to step into the witness box, observing that he was the best witness to rebut the allegations.The tribunal further held, “Merely because someone has consumed alcohol within or beyond the permissible limit does not entitle anyone else to drive his vehicle rashly and hit such a person”.Rejecting the respondents’ contention that the petitioner was contributorily negligent for riding without a driving licence or helmet, the tribunal held that driving without a licence “may expose the person to other liabilities, but no inference of contributory negligence can be drawn on that basis.” It also found no evidence that the absence of a helmet had contributed to the accident.Holding the truck driver solely responsible for the accident, the tribunal awarded the petitioner Rs 30,77,828 as compensation, along with 7.5% interest from the date of filing of the Detailed Accident Report.
