Mere Smell of Alcohol Insufficient to Deny Accident Compensation: Calcutta High Court

The Calcutta High Court held that a mere smell of alcohol noted in a post-mortem report cannot be a ground to deny compensation to the legal heirs of a deceased accident victim.

The Court ruled that intoxication under the Motor Vehicles Act must be proved through scientific evidence, like a blood alcohol test.

In the absence of such proof, heirs cannot be deprived of compensation.

The Court upheld the award of ₹11.41 lakh granted to the deceased motorcyclist’s family.

[The New India Assurance Co. Ltd. v. Sabita Das & Ors.]