Alcohol influence and intoxication different, court tells The Oriental Insurance Company

BENGALURU: "Influence and intoxication a re two different conditions," a city consumer court has held, while ordering an insurance firm to clear the Rs 3.2 lakh claim raised by a cabbie. He had argued his claim had been rejected on grounds that he was drunk, though alcohol content in his blood was within permissible limits.

The court ordered The Oriental Insurance Company to pay Rs 35,000 for denying his rightful claim. Banashankari resident GT Manjegowda, 39, drove a Tata Indica hatchback in the city for a living. On November 10, 2016, he was driving towards Bellandur on work. Near Iblur bus stop, a car ahead of him took a right turn without any indication, leading to the cab crashing into the vehicle. Manjegowda was injured in the accident and his car damaged.

Onlookers rushed the cabbie to St John's Medical College Hospital where the alcohol level in his blood was checked. He was then shifted to another hospital for further treatment. Manjegowda contacted The Oriental Insurance Company Ltd's representatives in Bengaluru the same day and explained to them about the accident and raised the claim. As demanded by the insurer, he provided all documents, including the blood test report, which showed the alcohol level was less than the permissible limit of 30mg per 100 ml of blood.

Five months later on April 10, 2017, the firm rejected the cabbie's claim, though its surveyor had ascertained 75% car damage. It said the claim was being denied as the driver was under influence of alcohol. Stunned, Manjegowda appealed to the insurance firm stating the driving the cab was his only source of livelihood and if he was not paid the insurance money, he'd be in the red. With the insurer not obliging, he approached the Bengaluru Rural and Urban 1st Additional District Consumer Disputes Redressal Forum against The Oriental Insurance Company on July 29, 2017.

Manjegowda's attorney produced the proof for the claim, while the insurance firm's lawyer said the complaint was false, frivolous and an attempt to gain illegal money. Following a litigation lasting two years, the judges, in their verdict on August 17, reminded the insurance firm about the doctor's certificate. Influence and intoxication are two different states; Manjegowda might have consumed a drink and was in his senses while driving, but was certainly not intoxicated at the time of the accident, the judges added.

The court ruled that the regional manager of The Oriental Insurance Company in Bengaluru must pay Manjegowda the rightful motor insurance amount of Rs 3,22,105 along with 12% from the date of the accident. The judges said Rs 25,000 should be paid to him for causing mental agony and an additional Rs 10,000 towards his court expenses, all within 30 days of the verdict.
Source: The Times of India