Karnataka HC Recommends Amending MV Act So Insurers Can Avoid Liability in Drunk‑Driving Cases

The Karnataka High Court urged both the Central and State governments to amend the Motor Vehicles Act, 1988, to allow insurers to avoid liability in cases involving drunken driving, stating that intoxication should be treated as a criminal deterrent, not a compensation trigger.

While the Court upheld a tribunal-ordered award of ₹2,59,000 with interest, it clarified that under Section 149, insurers can only be absolved in limited circumstances, not mere drunk driving.

The High Court ordered compensation, then allowed the insurer to recover it from the vehicle owner. Justice Umesh M. Adiga stressed that allowing insurers' liability may inadvertently encourage drinking and driving. 

[Oriental Insurance Co Ltd v Pratik Kumar Tripathy & Anr.]