The New India Assurance Co. Ltd. v. Sabita Das & Ors., 2025
The Court protected the beneficial nature of the Motor Vehicles Act, ensuring that legal heirs are not deprived of compensation based on speculative or inconclusive evidence.
Judgement Details
Court
Calcutta High Court
Date of Decision
13 December 2025
Judges
Justice Biswaroop Chowdhury
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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On 27 December 2020, Ganesh Das died in a road accident when his motorcycle collided with a truck allegedly driven rashly and negligently.
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The deceased succumbed to his injuries on the spot.
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His legal heirs (mother and other dependants) filed a claim petition under Section 166 of the Motor Vehicles Act.
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The Motor Accident Claims Tribunal awarded ₹11.41 lakh with 6% interest.
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The insurance company of the truck challenged the award.
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The claimants filed cross-objections seeking enhancement of compensation.
Issues
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Whether compensation can be denied on the ground that the deceased allegedly drove in a drunken condition?
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Whether the absence of insurance for the victim’s motorcycle affects the claim against the insurer of the offending vehicle?
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Whether the compensation awarded by the Tribunal was excessive?
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Whether the claimants were entitled to enhancement of compensation?
Held
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Mere presence of alcoholic smell in the stomach of the deceased, as noted in the post-mortem report, does not prove drunken driving.
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Intoxication under Section 185 of the Motor Vehicles Act must be established through scientific evidence such as blood alcohol content.
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Non-insurance of the deceased’s motorcycle is irrelevant when the claim is against the insurer of the offending vehicle.
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The income assessed by the Tribunal at ₹5,000 per month was reasonable due to lack of proof of higher income.
Analysis
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Justice Biswaroop Chowdhury emphasized that statutory requirements under Section 185 must be strictly complied with before attributing drunken driving.
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The Court protected the beneficial nature of the Motor Vehicles Act, ensuring that legal heirs are not deprived of compensation based on speculative or inconclusive evidence.
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The ruling clarifies that:
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A post-mortem note of alcoholic smell alone is insufficient to deny compensation.
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Defences unrelated to the contractual liability of the offending vehicle’s insurer cannot be raised.
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The Court also made an important policy observation, urging insurance companies to inform transport authorities when vehicles ply without renewal of insurance, highlighting concerns of public safety.