JUDGMENT

Ashok Kumar Ganguly, J.

1. Application for deletion of Respondent No. 2 from the array of parties is allowed.

2. Leave granted

3. On 15.12.2002, at about 1.30 pm, the Appellant was walking on the road when a BMTC bus (bearing No. KA-01-A-3638) came in high speed and dashed against the Appellant, as a result of which the Appellant sustained multiple injuries and was admitted in hospital for operation and treatment.

4. The Appellant was aged 25 years and was working as a coolie. He filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming Rs. 4 lacs as compensation with interest @ 18%. He also claimed that he was earning a monthly income of Rs. 4000/- p.m.

5. Apparently, when the Appellant was admitted to hospital immediately after the accident, he was conscious and well oriented and his breath smelled of alcohol. Hence, the Respondent contended that the accident occurred solely due to the negligence of the Appellant.

6. However, the Tribunal did not accept this argument of the Respondent. It held that merely because the Appellant had consumed alcohol did not mean that the driver of the vehicle did not need to drive the vehicle cautiously. Thus, the Tribunal