The MACT also held that it was likely that because of such alcohol consumption, Ramesh had not maintained enough distance from the lorry ahead of him on the road. The lorry, the police had claimed, was the primary cause of the accident.
Justice Venkatesh, however, held that such reasoning was questionable.
Besides, in Tamil Nadu, the State is the sole gatekeeper and provider of alcohol and so, it must too take responsibility for the consequences arising out of alcohol consumption by its citizens, the Court ruled.
The judge, therefore, restored Ramesh’s compensation amount to ₹3,53,904.
“Consuming alcohol per say is not an offense. In fact, the State is the only provider of the alcohol to the citizens through the IMFL shops run by them. In view of the same, it is the sole responsibility of the State to also take care of the consequences arising out of consumption of liquor. What is important is to see if the consumption of alcohol has influenced the driving capacity of the rider of the vehicle,” the Court said.
Source: Barandbench
