1. Even drinking water (H2O) is scarce in most parts of our country but the other water (Alcohol) flows aplenty in every nook and corner of the nation in which many families are drowning. Liquor is a poison to the society. Liquor is the basic reason for many social evils. In spite of that, the Governments are opening liquor shops/bars as many as possible with sole aim of getting revenue. In Tamil Nadu about 6850 TASMAC outlets are serving the needy people earning about Rs.30,000/- crores.

2. Two precious lives were lost in this case due to alleged drunken driving. Every year, hundreds of people die because of drunken driving. Not only the rider but also the pillion rider and even innocent people are affected by the accidents caused by drunken driving which has become serious and dangerous menace. In 2013 drunken driving caused 20290 accidents killing 6463 people injuring 20,081 people. In Tamil Nadu 2764 accidents occurred due to alcohol causing death of 718 people and injuring 2957. The above accidents and loss of lives are man made, avoidable and preventable.

3. These civil miscellaneous appeals have been filed against the common judgment and decree passed in the motor accident claim petitions filed for the death of one B. Ramkumar and B. Arunkumar in the accident occurred on 19/20/2011 at 0.03 hours in MG Road at the junction of Adyar LB Road. It is stated that the deceased Ramkumar was riding the motor cycle and Arunkumar was seated as pillion rider going from East to West on MG Road at the junction of Adyar LB Road. The bus belonging to the Metropolitan Transport Corporation driven by its driver from South to North, in rash and negligent manner, dashed against the motor cycle resulting in death of the aforesaid two persons. Hence the claim petitions.

4. On the other hand, the Transport Corporation contends that the driver of the Transport Corporation was driving the bus very carefully and when the bus crossed Adyar Signal, a motor cycle, at a greater speed came from a small lane and without noticing the Transport Corporation Bus, entered the main road and hit on the right side body of the bus voluntarily and both the riders sustained fatal injuries. Therefore, there was no negligence on the part of the Metropolitan Transport Corporation Driver. It is also contended that the deceased B. Arunkumar and B. Ramkumar had been travelling in the motor cycle after fully drunk and lost their complete control of riding skill of motor cycle and thereby invited the accident.

5. After contest, the Tribunal found that Ramkumar who was riding the two wheeler, was found drunk as per the Postmortem Certificate which revealed the presence of smell of alcohol in the stomach of the deceased. Therefore, the Tribunal fixed 20% negligence on the part of the rider of the motor cycles and 80% on the part of the driver of the bus and awarded a sum of Rs.9,25,720/-in favour of legal heirs of B. Arunkumar and Rs.11,34,067 in favour of the legal heirs of B. Ramkumar. Not satisfied with the compensation awarded, the dependents of the deceased Arunkumar as well as Ramkumar are before this Court.

6. Though the appeals are coming up for admission, the main issue is to be decided only at the time of final disposal of the appeals. The facts of the case make this court to go into the issue of drunken driving in detail, as more accidents occur due to drunken driving resulting in more deaths.

7. If we make an attempt to find out the root-cause for this kind of accidents, one can easily find the reason as liquor and “drunken driving”. It is an endeavour of this Court to find out a solution to this vexatious problem and to save many lives and families from the evil of drinking. Therefore, it is required to be gone into in detail, as drunken driving is the cause of action for this case. Moreover, this court cannot mechanically decide the matter based on the facts, when social issue or the common issue arises out of the case and this court is duty bound to decid