The insured's intoxication must be conclusively proven for denial of an insurance claim; mere allegations are insufficient.

1. Mr. Justice Inder Singh Mehta, President - Instant appeal is arising out of the order dated 21.8.2021 passed by learned District Consumer Forum, Mandi in Consumer Complaint No. 3/2021 titled Smt. Nirmla Devi & Others v. New India Assurance Company Ltd.

2. Brief facts of Case :
Briefly, the case of the complainant is that late Shri Som Dev (predecessor - in - interest of the complainants) was the owner of a Tata Nano car bearing registration No. HP - 76-4064. The said vehicle was insured with the opposite party / Insurance company. Compulsory personal accident cover for owner - cum - driver of the vehicle to the tune of Rs.15,00,000 was also given by the opposite party. On 30th October, 2019 Shri Som Dev died in a car accident while returning home. Accident occurred due to rash and negligent driving of Shri Dinesh Kumar, the driver of truck No. HP - 69A - 7545. The vehicle was got repaired by complainants by expending Rs.1,15,000. Information regarding the occurrence was given to the opposite party / Insurance Company and relevant documents were supplied. Genuine claim was rejected by the opposite party / Insurance Company vide letter dated 16.10.2020 on the ground that Shri Som Dev (deceased) was driving the vehicle after consuming alcohol. Viscera and blood samples of the deceased remained unsafe and un - attended while being in the Police Station. Possibility of tampering with the samples cannot be ruled out.

3. The opposite party / Insurance Company filed reply. It is not disputed that car belonged to late Shri Som Dev was insured with the answering opposite party. It met with an accident during the period of insurance policy. The owner - cum - driver of the vehicle died in the accident. After receiving intimation regarding the accident, Shri Vishal Kumar Gautam, Surveyor - cum - Loss Assessor, was deputed to inspect the damaged vehicle and assess the loss. The surveyor assessed the loss to the tune of Rs.57,848 on repair basis subject to the policy terms and conditions. Post - mortem was conducted on the body of Shri Som Dev (deceased) in Zonal Hospital, Mandi and his viscera etc. were preserved and sent for chemical test to RFSL, Mandi. Report of the laboratory shows that 236.75 mg% ethyl alcohol was detected in the blood sample of the deceased owner - cum - driver Shri Som Dev. The complainants are not entitled to the money claimed.

4. No rejoinder was filed.

5. Thereafter, the parties led their evidence in support of their respective pleadings.

6. After hearing the parties, learned District Commission dismissed the complaint of the complainant.

7. Feeling aggrieved by the order of the learned District Commission, the appellant / complainant has preferred the instant appeal before this Commission.

8. We have heard learned Counsel appearing on behalf of the parties and have also gone through the record carefully.

9. Learned Counsel of the appellants has submitted that the complaint of the complainant has been dismissed on the ground that the driver of the vehicle in question was in drunkard condition, whereas, there is no evidence to prove on record that the driver was in drunkard condition and the findings given by the learned District Commission below is bad in law and same is liable to be set aside.

10. On the other hand, learned Counsel of the respondent has submitted that the autopsy report is Annexure OP - 4 which clearly shows that the driver was under the influence of liquor and the contents of the alcohol were to the extent of 236.75 mg% in his blood vide report Annexure OP - 5. He further submitted that the autopsy rep