Smell of Alcohol Alone Cannot Prove Workman Was Under Its Influence: Karnataka High Court

Karnataka High Court restores compensation claim of deceased lorry driver’s family

The Karnataka High Court held that a post-mortem note stating that the stomach contents smelled of alcohol is not enough to conclude that a deceased workman was under the influence of alcohol at the time of an accident.

The Tribunal had dismissed a compensation claim under the Employees Compensation Act, 1923 filed by the legal representatives of a deceased lorry driver. It inferred intoxication from the post-mortem report. The High Court found this approach flawed and emphasised that consumption of alcohol and being under its influence are legally distinct questions.

The Court also noted that no eyewitness had been examined and that the possibility of fermentation had not been ruled out.

Final outcome: The appeal was allowed, the Tribunal’s award was set aside, and the case was remitted for fresh disposal.

Case: Salma & Ors. v. United India Insurance Co. Ltd. & Anr.

Citation: 2026 LiveLaw (Kar) 361

Judge: Justice Ravi V. Hosmani

Source: LiveLaw mirror