“The claimant who claims to be the injured in the road traffic accident in question was intoxicated or smelling with alcohol, but the same cannot be an excuse for the driver of the offending Bus for causing the road traffic accident, causing injuries to the injured person.” Karnataka HC in the case of Murugan T And P. Jayagovinda Bhat & ANR observed while setting aside the order of the tribunal.
Earlier the tribunal rejected the claim of the Claimant on the ground that the claimant was intoxicated with alcohol and at the time of the accident was standing near the footpath, but leaving the footpath on the edge of the road. Also, the driver pleaded guilty in the criminal case registered by the police and the matter came to be closed. When the driver himself has pleaded guilty to the alleged offences punishable under Sections 279 and 338 of the IPC, thus the tribunal has committed an error while delivering the judgment.
A single judge bench of Justice Dr H B Prabhakara Sastry, observed that “Driver, while driving the vehicle, would not consider the vehicle into two parts, as the front part with the front wheel and the back part with the back wheel, which are under his control.
When he drives the vehicle, the whole vehicle is required to be under his control and he should drive the entire vehicle with such care and caution that it shall not lead to any untoward incident like the road traffic accident as in the instant case.”