Madras High Court: Breath smelt of alcohol isn't automatic negligence in accidents

Chennai: The Madras High Court has ruled that victims of motor accidents cannot be automatically denied full compensation due to smelling of alcohol or failing to maintain a safe distance.

Justice N Anand Venkatesh stated that contributory negligence can only be attributed if a driver's blood alcohol level exceeds the legal limit. He acknowledged the difficulty of maintaining a safe distance on congested city roads.

This decision came during an appeal by a two-wheeler rider, Ramesh, who was injured after his vehicle struck a truck that stopped abruptly. A lower tribunal reduced his compensation by 50% due to the smell of alcohol and lack of safe distance.

Justice Venkatesh disagreed, stating that simply consuming alcohol isn't a crime and the responsibility for consequences lies partly with the state that sells liquor. He emphasized the importance of blood alcohol level tests, highlighting the 30 mg/100 ml legal limit as the benchmark for intoxication.

Since such tests are often not conducted, the judge directed the state government to mandate blood alcohol level checks for all accident victims at hospitals, including private ones.

On the issue of safe distance, Justice Venkatesh acknowledged the impracticality of maintaining a safe gap on narrow city roads. He stressed that courts should consider real-world traffic conditions.

He concluded that rear-end collisions due to sudden braking by the vehicle ahead shouldn't automatically imply contributory negligence on the part of the following driver.