Chennai. The Madras High Court has directed the Tamil Nadu government to ask all hospitals to assess the blood alcohol level of the deceased/injured in accidents, so that negligence can be determined against the claimant in such cases. Justice N. Anand Venkatesh recently changed the order of giving compensation of Rs 1.53 lakh to a claimant and directed to increase the compensation amount to Rs 3.53 lakh.
The High Court also said that according to it, drinking alcohol is not a crime. It said that in fact, the state is the only provider of liquor to the citizens through self-run IMFL shops. In view of this, it is the sole responsibility of the state government to take care of the consequences of alcohol consumption. The court directed the Principal Secretary, Ministry of Health and Family Welfare, Government of Tamil Nadu, to issue a circular to all hospitals regarding assessment of blood alcohol level.
The judge has said that this process will be made mandatory as there has been an increase in the number of cases where drivers drink and drive. Although the state government is taking steps to conduct surprise checks, this problem will not be solved by itself, but at least in cases where accidents occur, it will have to be made mandatory to assess the blood alcohol level.
The Motor Accident Claims Tribunal, Perambalur had ordered a compensation of Rs 3.07 lakh to claimant Ramesh in 2022, but the tribunal deducted a proportionate amount from the compensation, alleging 50 per cent negligence against him. Aggrieved by this, the claimant had filed the present petition. The judge said that it was mentioned in the accident register and the doctor’s evidence that the claimant smelled of alcohol. The tribunal also held that the two-wheeler collided with the rear of the lorry due to the influence of alcohol and failure to maintain a safe distance from the lorry.
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Tags: Alcohol, madras high court
FIRST PUBLISHED: April 17, 2024, 20:02 IST