B.C. Gupta ORDER
V.K. Jain, J. (Presiding Member)
1. The complainant before us is the daughter of late Surya Kiran, who was working as a Senior Manager with opposite party No. 2 Tata Consultancy Services Ltd., at Bangalore. Being an employee of TCS, he was also a member of the Group Insurance Mediclaim Policy taken by the said company from opposite party No. 1, New India Assurance Company Ltd. In terms of the aforesaid policy, if an employee was to sustain bodily injury solely and directly from accident caused by an external and visible means, the insurer was liable to pay a compensation based upon the annual compensation of the employee, subject to maximum of Rs. one crore. Late Shri Surya Kiran, who was drawing a gross salary of Rs. 1,89,696/- per month in August, 2003, expired on September 14, 2003 when he got drowned in a swimming pool. As per the post-mortem conducted on his body, he died due to asphyxia as a result of drowning and he had consumed alcohol prior to his death. The viscera report in respect of the deceased was analysed by the laboratory and it was reported that he had 103.14 mg of ethyl alcohol in 100 ml of his blood. As per the terms of the policy taken by opposite party No. 2, the insurer was not liable in case of death while under the influence of intoxicating liquor or drugs. In view of the finding in the viscera report, the claim lodged with the insurance company was rejected on the ground that he was under influence of intoxicating liquor at the time he died. Being aggrieved, the complainant is before us, seeking payment of a sum of Rupees one crore, along with interest and the compensation quantified at Rupees one lac, besides Rs. 60,000/- as the cost of litigation.
2. The complaint has been resisted by the insurance company, primarily on the ground that the deceased was under the influence of intoxicating liquor at the time he died and therefore, the insurance company was not liable to pay any amount to his legal heirs.
3. There is no direct evidence of the deceased being under influence of intoxicating liquor at the time he got drowned in the swimming pool. The only evidence relied upon the insurance company to substantiate the plea that he was under the influence of intoxicating liquor at the time he died, is the report of the laboratory reporting presence of 103.14 mg of ethyl alcohol per 100 ml of the blood of the deceased.
4. Relying upon Modi's Medical Jurisprudence and Toxicology, 24 Edition, the learned counsel for the complainants submitted that the presence of 103.14 mg/100 ml of the blood does not lead to the conclusion that the deceased was under the influence of intoxicating liquor. He relied upon the following extract from the above-referred text book:
"It is generally believed that a person with a concentration of 0.1 per cent alcohol in the blood appears to be gay and vivacious, and those with a concentration of 0.15 per cent alcohol in the blood are regarded as fit to drive a motor vehicle. This concentration of alcohol in the blood is regarded as a presumptive limit of safety, and may result from the rapid consumption of 8 ounces of whisky of 4 to 5 pints of beer.
Alcohol acts differently on different individuals and also on the same individual at different times. The action depends mostly on the environment and temperature of the individuals and upon the degree of dilution of the alcohol consumed. The habitual drinker usually shows fewer effects from the same dose of alcohol. Barbiturates, benzodiazepines, antihistamines, tranquillizers, chlorpromazine and insulin, potentiate the action of alcohol, while epileptics or persons who have suffered from a head injury may show an increased effect to a small quantity of alcohol."
It would thus be seen that in the opinion of the Author, the percentage of alcohol in the blood would be 0.2% in case, the quantity of alcohol per 100 ml of blood is 200 mg. Thus, a person who has 200 mg alcohol per 100 ml. of his blood can be said to be moderate intoxicated, if we go by the above referred opinion. A person with a concentration of 0.15% alcohol in the blood is regarded to be fit to dri........