CHENNAI: The Madras High Court has suggested to the Centre to make a suitable amendment to Sec. 185 of Motor Vehicles Act, so that punishment for drunken driving is more stringent, including cancellation of driving licence.
“Since Sec.185 is placed in Chapter 13 of Motor Vehicles Act, the Central government is to consider a suitable amendment in this regard by allowing various State governments/Union territories to adopt a zero-tolerance norm in this section itself. The time has now come for just such a measure,” Justice R Mahadevan said after noting that too many lives have already been lost to this lethal cocktail of internal consumption and internal combustion.
The judge also quashed an order of a Motor Accident Claims Tribunal awarding compensation as the victim was in an inebriated condition at the time of the accident.“Since this court, by the above reasonings, has come to the conclusion to adopt stringent views on drunken driving, the findings rendered by the tribunal on contributory negligence as well as quantum have no legs to stand.
The claimant himself was the tort-feasor and was responsible for the accident. As such, the question of fastening liability on the owner or on the insurance company does not arise,” the judge added and set aside the order of the tribunal awarding compensation to the victim.The judge permitted United India Insurance Company to withdraw the amount, if any already deposited by it before the tribunal, on making a proper application.
K Shanmugam, while riding a two-wheeler on GST Road near Meenambakkam was knocked down by a car on April 21, 2003. He moved the MVACT at Poonamallee demanding a compensation of `two lakh. By an order dated September 27,2004, the tribunal fixed the contributory negligence at 40 per cent and 60 per cent respectively on the victim and the insurance company and ultimately arrived at a total compensation of `65,880.
Accordingly, the tribunal after deducting 40 per cent from the said quantum towards contributory negligence on the part of the claimant, directed the insurer to pay `39,500 along with interest and costs. Branding the quantum awarded as disproportionate to the nature of the injuries sustained and less, the claimant preferred the present appeal, which was dismissed.
‘Amend MV Act’
“Since Section 185 is placed in Chapter 13 of MV Act, the Centre is to consider a suitable amendment by allowing various State governments to adopt a zero tolerance norm in this section itself,” Justice R Mahadevan said after noting that too many lives have been lost to this cocktail of internal consumption and internal combustion