`Accident victims too to be examined for liquor consumption`

A Delhi court has ordered mandatory medical examination of both the accused and the complainant in a road accident case, questioning the perception that the mishap victim is not at fault.

Updated: Apr 05, 2011, 23:25 PM IST

New Delhi: A Delhi court has ordered
mandatory medical examination of both the accused and the
complainant in a road accident case, questioning the
perception that the mishap victim is not at fault.

Motor Accident Claims Tribunal Judge Swarana Kanta
Sharma gave the order taking on record the city police chief`s
submission to the court that the police will now subject both
the driver of an offending vehicle and the mishap victim to
medical examination to ascertain who exactly is under the
influence of liquor.

"Now the investigating officers will mandatorily have
medical examinations of both the accused and the complainant /
injured (victim) to find out who has consumed liquor so that
the tribunal can reach a conclusion as to whether the accident
had taken place because of negligence of the complainant
himself," said the judge in her order.

The court gave its order as the city police had earlier
informed the court that it has already issued relevant
directions to all the police officers, including its Deputy
Commissioners, Assistant Commissioners, Station House Officers
and other officials.

The judge said it is not necessary that the person,
injured in an accident, is "not guilty of rash and negligent
act."

"At times, even an injured may be at fault and may have
received injuries due to his own fault or due to consumption
of alcohol by him. This fact is often ignored as at times it
is presumed that the person receiving injury was not at
fault," the court noted.

The court passed the order in its bid to improve
various institutional mechanisms to streamline traffic on
Delhi roads.

Earlier it had passed orders aimed at regulating the
issuance of additional driving licence to ensure that a
person, after cancellation of one licence for being involved
in a road accident, is not able to get an additional licence
from other parts of the country.

The court had taken the task of streamlining issuance of
licence after it detected a case involving a man who continued
to drive a blueline bus even after cancellation of his license
following an accident in 2005.

PTI