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He knew the state had this information from Fowler's report but they never attempted to discredit it with their own experts, so it was a safe bet that he'd catch them off-guard when Fowler brought it up. And he did see Blackwell crumbling on cross-examination. It was not bait. Lawyers don't play this sort of 4-D chess. The way legal rulings work about rebuttal evidence is too unpredictable and dangerous to reliably guess what's going to happen ahead of time. A common reaction to his expert has been that his expert lacks credibility for even bringing up such an unrealistic alternative cause of death.

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The Court held that if the insurance company is able to establish from the facts that the driver was under the influence of alcohol at the time of the accident, it will not be deprived czse its right to exclude the policy benefit merely on the ground that the scientific tests for alcohol presence were carried out.

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Even if the exact alcohol content present in the body was not established, the insurer can invoke the exclusion clause in the policy contract, if the attendant circumstances show that the accident was caused while driving under the influence of alcohol. Background facts The Court was considering an appeal filed by the insurance company against an order of the National Blood bananas case analysis Disputes Redressal Commission which held the insurer bahanas fault for excluding the policy liability on the ground of drunken driving.

blood bananas case analysis

The NCDRC held that without proving the said alcohol content presence through the scientific results of breath analyzer and blood tests as prescribed in Sections and of the MV Act, the insurer cannot exclude the liability. Supreme Court's findings The Supreme Court noted that case records showed that the smell of alcohol was emanating from link driver.

blood bananas case analysis

The MLC report of the driver indicated the smell of alcohol. Even the NCDRC proceeded on the basis that the driver had consumed alcohol, but had held that the alcohol continue reading was not proved to be beyond the legally permissible limit. The Supreme Court observed that the requirement of Section is in the context of a criminal offence.

If dase has not filed a case under Section ,that does not mean that a competent Blood bananas case analysis under the Consumer Protection Act, is disabled from finding that the vehicle was being driven by the person under the influence of the alcohol.

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What is required to be proved is driving by a person under the influence of the alcohol", the judgment authored by Justice KM Joseph held Paragraph Blood bananas case analysis driver after the accident, may run away. A test may never be performed. However,there may be evidence available which acse indicate that the vehicle in question was being driven at the time of the accident by a person under the influence of alcohol. It cannot then be said that merely because there is no test performed, the Insurer would be deprived of its right to establish a case which is well within its rights under the contract" Bqnanas blood bananas case analysis "The requirement under Section 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 Labeling theorists. Such a claim must be considered on the basis of the nature of the accident, evidence as click drinking before or during the travel, the impact onthe driver and the very case set up by the parties" ParagraphG.]

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