Archive · 16 Dec 2025
Alcohol smell in post-mortem not enough to deny compensation, rules Calcutta High Court
A man named Ganesh Das died in a motorbike accident caused by a truck.
The insurance company tried to deny compensation to his family, saying he might have been drunk because there was an alcohol smell in his stomach.
But the court said that just a smell isn't enough proof.
The court also said that the family should get the money because the man can't defend himself.
The court gave the family Rs 11.41 lakh.
The insurance company also said the motorbike wasn't insured, but the court said that doesn't matter because the claim was against the truck's insurance.
The court also told insurance companies to tell authorities about vehicles without valid insurance.
The Calcutta High Court ruled that the mere presence of an alcoholic smell in the post-mortem report is not sufficient to deny compensation to the victim's family.
The victim, Ganesh Das, died in a motorbike accident caused by a truck on December 27, 2020.
The court awarded Rs 11.41 lakh with 6% interest to the victim's mother and other kin.
The insurance company argued that the victim was allegedly driving under the influence of alcohol and that the motorbike was not insured.
The court upheld the tribunal's assessment of the victim's income at Rs 5,000 per month, noting that the claimants failed to prove a higher income.
- Who
- Ganesh Das, the victim, and his legal heirs
- What
- The Calcutta High Court ruled that the presence of an alcoholic smell in the post-mortem report is not sufficient to deny compensation to the victim's family
- When
- The accident occurred on December 27, 2020, and the ruling was made on December 12
- Where
- The accident occurred in Tamluk, and the ruling was made by the Calcutta High Court
- Why
- The court ruled that the victim's heirs cannot be deprived of compensation because the victim is not alive to defend himself against the allegation of drunken driving
- Victim
- Ganesh Das
- Accident Date
- December 27, 2020
- Compensation Awarded
- Rs 11.41 lakh with 6% interest
- Insurance Company
- The New India Assurance Company Limited
- Court Ruling Date
- December 12
- Section of Motor Vehicles Act
- Section 185(A)
