All hospitals should assess blood alcohol level in accident cases, directs Madras High Court

CHENNAI: The Madras High Court directed the State government to issue a circular to all hospitals to assess the level of alcohol in the blood when an injured person or deceased is brought with alcohol smell.

Allowing an appeal challenging the cost imposed by Motor Accidents Claims Tribunal, Perambalur, as the accident victim smelt of alcohol and did not maintain a safe distance, the court also observed that considering the nature of roads in cities, towns, and suburbs, it is too difficult to maintain a safe distance from the vehicle going in front.

When the appellant was riding his two-wheeler on Esanai-Anukoor road on November 13, 2016, a lorry going in front stopped all of a sudden resulting in the accident that left him with multiple injuries.

But when he approached the tribunal for compensation, it fixed the compensation at Rs 3,07,904 and directed him to contribute 50 per cent of the amount, citing reasons including his failure to maintain a safe distance and smelling of alcohol when he was examined by the doctor immediately after the accident.

Challenging this, he moved the High Court. Hearing his petition, Justice N Anand Venkatesh noted that consuming alcohol was not an offense as the government was the sole seller of alcohol, and added that it was the responsibility of the State to also take care of the consequences arising out of liquor consumption.

In such cases, doctors mention the smell of alcohol in the victims’ breath but do not find out the percentage of alcohol in the blood. This determination was very important, as it shows whether the person consumed alcohol within the limit and if he was in control, the judge said.

Even though the government was conducting surprise checks, that by itself would not stop the problem; it should be mandatory to assess the level of alcohol in the blood at least in cases where accidents take place, he added.

The court then enhanced the compensation awarded by the tribunal to Rs 3,53,904 and directed the United India Insurance Company to pay the compensation.