In the case of IFFCO Tokio General Insurance Company Ltd v Pearl Beverages Ltd, SC reversed the judgement of the National Consumer Disputes Redressal Commission which make the insurance company liable for the lack of scientific evidence.
The bench of Justices UU Lalit, Indira Banerjee and KM Joseph opined that when there is evidence that proves the drunkenness of the driver then no breath analyser or blood test is required. The facts of the case were like that medical practitioner observed the smell of alcohol. The SC held that essentials Section 185 are in the context of criminal cases on which the NCDRC judgement was based. The SC held the SCDRC view was correct in applying the principles of res Ipsa Loquitor.