As contemplated under the motor vehicles act breath analyser test or blood test is not necessary for an insurer for repudiating an accident policy claim on the grounds of drunken driven held by the recent judgement of Supreme Court.
The court also held that if the insurance company is able to establish from the facts that the driver was under the influence of alcohol during the accident, it will not be deprived of its right to exclude the policy merely on scientific tests for alcohol presence.
The requirement under section 185 of the motor vehicles act is not to be conflated to what constitutes driving under the influence of alcohol under the policy of insurance in an own damage claim.
The claim is to be considered on the nature of the accident,evidence of drinking before or during the travel and its impact on the driver.The presence of alcohol in excess of 30 mg per 100 ml of blood is not an indispensable requirement to enable an insurer to successfully invoke the clause.
The burden of proof is on the person to proved that he was not under the influence of alcohol.