LACK OF SCIENTIFIC TEST DOES NOT BAR INSURANCE COMPANY FROM REJECTING THE CLAIM ON THE GROUND OF DRUNKEN DRIVING -SC

13th April 2021

The SC held that if an insurance company can establish through the facts that the driver was under the influence at the time of the accident, the insurance company has the right to exclude the benefits policy.

FACTS

The Court heard an appeal by an insurance company against an order passed by National Consumer Disputes Redressal Commission.

An accident took place involving a Porsche belonging to the respondent, which was insured with the appellant. The Appellant repudiated the insurance claim on the ground that the respondent was under the influence of intoxication. According to NCDRC, as per sec 185 of the Motor Vehicles Act, the insurer has to prove the alcohol content in the body through a breathalyzer and blood test, without which the insurer cannot exclude the liability.

DECISION

The Court noted that There was no explanation for the incident; the accident took place when the road would have been wholly free from any traffic, and hitting at the footpath with massive force, not being able to maintain control, hitting the electric pole. The impact is so much that it led to the overturning of the car and catching fire of the vehicle. This accident is inexplicable if the driver is to be believed in full senses. It is more probable that his drink led to it.

By applying the principle of res ipsa, the Court held that the accident was caused due to drunken driving. Hence, The Appeal stands allowed.

Author: Papiha Ghoshal

PC: INVESTOPEDIA