Gujarat Is Dry State, No Amount Of Alcohol Consumption Permitted Especially While Driving: High Court

The Gujarat High Court has made it clear that Gujarat being a dry state, no amount of alcohol consumption is permissible here, particularly at the time of driving.

In other words, bench of Justice Sandeep N Bhatt held the concept of "permissible" limit of alcohol consumption while driving is not applicable in the state of Gujarat. It said,

"The alcohol content should be considered as permissible or impermissible in states out of Gujarat and not in Gujarat, as, Gujarat being a dry state, no amount of alcohol is permitted, particularly, at the time of driving the vehicle."

Court thus permitted the insurer of offending vehicle to recover the compensation amount payable to the claimant, from the driver-owner, despite the fact that only 30 mg alcohol was found in the blood of the driver, which is permissible.

United India Insurance Co. Ltd. (Appellant) was dissatisfied with the award passed by the Motor Accident Claims Tribunal, partly allowing the claim petition and awardingcompensation by holding opponents liable, jointly and severally.

Its counsel argued that the Company is not liable in view of the fact that the driver of the offending Bolero car was driving under the influence of alcohol.

Advocate for the claimants submitted the appellant-insurance company cannot shirk from its responsibility to pay compensation.

The Court observed that when the owner-insured commited breach of the terms of the policy and law, then the insurer-insurance company will not be liable to pay the amount of compensation.

“The MV Act is a benevolent legislation and the claimants have suffered injuries/death due to the accident but at the same time, the interest of the company should also be protected.”

It thus modified the impugned judgment to the extent that the company will have the right to recover the amount from the driver-owner of the insured vehicle.

Case Title: THE UNITED INDIA INSURANCE CO LTD v/s MANILAL CHLEABHAI PATEL KHARADIYA & ORS.