IMPORTANT POINT
A person cannot be said to be intoxicated unless alcohol level exceeds prescribed limit which can only be confirmed through Blood Alcohol Concentration.

Dr. S. M. Kantikar, Member—This order shall decide above said two revision petitions. The facts are taken from Revision Petition No. 3983 of 2013.

2. Relevant facts in brief are that Sri Madhu Reddy (since deceased) took two insurance policies with accident benefits from the OP- LIC of India, Armoor, Branch, (A.P.) valid from 28.05.1999 for a sum of Rs.1,20,000/- where nominee was his mother Smt M.Raja Gangu and another policy for Rs.20,00,000/- where nominee was his wife Smt.Sujata. During the subsistence of the said policy; Madhu Reddy died in a motor vehicle accident on 21.3.2010. Both the nominees filed claim before the OP, but the OP paid part of the claims and denied the accident benefits in both the policies on the ground that the deceased was under influence of alcohol. Hence, Complaint No.24/2011 was filed by M.Raja Gangu( mother of deceased) and a Complaint No. 25/2011 was filed by Smt Sujata (wife of deceased) before the District Forum for claiming the accident benefit and proper compensation.

3. The District Forum, Nizamabad allowed both the complaints and in CC 24/2011 directed the OP to pay Smt. M.Raja Gangu the accident benefit of Rs.1,20,000/- with interest @9% per annum, along with Rs.2,000/- for deficiency in service and Rs.1,000/-, as costs whereas in CC 25/2011 it directed the OP to pay Rs.20,00,000/- to the wife of deceased the complainant Smt.Sujata .

4. Against this order, the OP filed the first appeal before the State Commission of Andhra Pradesh at Hyderabad. The State Commission reversed the order and dismissed the complaints. Hence, aggrieved by the order of the State Commission, the complainants/petitioners filed these two revision petitions.

5. We have heard the learned counsel for the parties. The counsel for the complainant vehemently argued that there is no proper evidence regarding consumption of alcohol. The FSL report is also not conclusive. The cause of death given by Medical Superintendent of District Hospital, Nizamabad was “Head injury and intracranial bleed under Ethyl Alcohol intoxication”. He also submitted that the OP has given false statement in their counter affidavit, which is reproduced as follows:

“It is submitted that it is an admitted case that deceased insured consumed alcohol at the time of the driving. From the final report submitted by Forensic Laboratory Andhra Pradesh Vaidya Vidhaman Parishad it is well proved that deceased insured consumed alcohol excessive to the prescribed limits at the time of driving, so the same caused to lose control on driving the vehicle and was unable to drive and thus met with an accident causing him head injury and intra cranial bleed and succumbed to death accordingly. All other allegations made by the appellant against the same are wrong and incorrect.”

6. The rival argument by the learned counsel for the OP is that, there is delay of 17 days’ in filing this revision petition. It should not be condoned. He further argued on merits, that the deceased was found to be intoxicated, as per final death report and FSL report. Therefore, prayed for dismissal of both the revisions.

7. The delay is condoned. We have asked the learned counsel for the opposite party about the details of quantification of Ethyl Alcohol intoxication in the FSL report. The FSL report did not show any quantification or concentration of Alcohol but, the counsel vehemently argued that the report mentions about presence of Ethyl Alcohol in the organs (Item 1 and 2 of the viscera from post mortem). He further contended that the provision laid down in Motor Vehicles (MV) Act, about alcohol concentration, is not applicable in this case. It has vitiated the terms and conditions of the policy. Therefore, the claim should not be allowed.

8. To get clarity in this case, we have requisitioned the lower fora record and perused the FSL report. It is very surprising to note that the doctor who performed PM had not sent the blood sample from the dead body for analysis for Blood Alcoho