Breath Analysis or Blood Test is not necessary for insurer to reject the claim of insurance on the ground of drunken driving holds Supreme Court.
The Honourable Supreme Court of India has laid down a proposition of law on April,12,2021, to the effect that in repudiating insurance claim it is not necessary for the insurer to establish by holding scientific test of Breath Analysis or Blood Test to prove that driver was under the influence of alcohol. The matter came up before the Honorable Apex Court in IFFCO Tokio General Insurance Co.Ltd v/s Pearl Beverages Ltd.The Apex Court clarified that if the insurance company is able to establish from totality of circumstances that the driver was under the influence of alcohol at the time of accident that would be sufficient for it to invoke the exemption clause under the insurance policy.The Honorable Apex Court further clarified that requirement of 30 mg of alcohol in 100 ml under Section 185 of Motor Vehicles Act of blood has not to be combined with ‘what constitutes driving under the influence of alcohol’ under the Insurance Policy. This Judgment of the Hon’ble Apex Court would go a long way in helping various Insurance companies to claim exclusion from the accidental claims submitted by the policyholder when the policy holder was under the influence of alcohol at the time of driving.
