Uttarakhand Court Asserts Scientific Proof for Drunken Driving Claims
The Uttarakhand High Court ruled that a driver cannot be presumed to be under the influence of alcohol based solely on the smell of liquor. Without scientific proof such as a blood or breath test, claims of drunken driving cannot be substantiated. Consequently, insurance must cover compensation without recovery from the driver.
- Country:
- India
The Uttarakhand High Court has determined that a driver cannot be accused of drunken driving strictly based on the smell of alcohol, emphasizing the need for scientific proof.
Justice Alok Mahra clarified that only a verified blood or breath test surpassing the legal alcohol limits can substantiate such claims. This decision overruled a lower court's judgment regarding a fatal 2016 accident at SIIDCUL Chowk, where a cyclist named Jai Kishore Mishra lost his life.
The court decreed that the insurance company must cover the compensation in full, without pursuing recovery from the driver or vehicle owner, as no reliable test was administered.
(With inputs from agencies.)
Advertisement
Google News