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Civil · Reportable judgment

Saroj & Ors. vs IFFCO-TOKIO General Insurance Co. & Ors.

Court
Supreme Court of India
Date
24 October 2024
Case No.
Civil Appeal Nos. 12077-12078 of 2024
Result
Allowed
Bench
Sanjay Karol, Ujjal Bhuyan
Citation
[2024] 10 S.C.R. 939 : 2024 INSC 816
Acts & Sections
Juvenile Justice (Care and Protection of…
Supreme Court Reports [2024] 10 S.C.R. 939 : 2024 INSC 816
Issue for consideration
Issue arose that in case of conflict of the dates of birth between the two documents, School Leaving Certificate and the Aadhar Card, which of the two is to be taken as authoritative; and whether the High Court’s reduction of the compensation awarded by the MACT was justified and in accordance with law.
Headnote

Deeds and document – Aadhar Card – Suitability of, to determine proof of age, vis-à-vis the school leaving certificate: Held: Aadhar card may not be used as proof of date of birth – Circular No.08 of 2023 by Unique Identification Authority of India, to the effect that an Aadhar Card, while can be used to establish identity, it is not per se proof of date of birth – Judicial notice has been taken of the circular. [Paras 9.6-9.8]

Motor accident – Compensation – Claim of – Determination of age of the victim – Death of victim in a motorcycle accident – Tribunal awarded compensation of Rs.19,35,400/- with an interest @7.5% from the date of filing of the claim petition – However, the High Court reduced the compensation to Rs.9,22,336, on basis of the minimum wage rate and multiplier of 13 on basis of the victim’s age as 47 years at the time of his death as per his aadhar card – Challenge to, contending that the multiplier applicable would be 14 as his age was

Read the full headnote (1 more paragraph)

45 years as per his school leaving certificate: Held: High Court erred in reducing the compensation – Court sitting in appeal is not to substitute its view for that of the court below – It is only to see that the decision arrived at is not afflicted by perversity, illegality or any other such vice which may compromise it beyond redemption – Question before the High Court was not as to which yardstick to use to determine the notional income of the deceased was ‘better’ – Since nothing on record to establish that the rates notified by the District Commissioner, would not apply to the deceased, no reason to interfere with the finding of the tribunal – Furthermore, School Leaving Certificate has been accorded statutory recognition under sub-section (2) of s.94 of the 2015 Act – Unique Identification Authority of India, by way of its Circular No.08 of 2023, has stated that an Aadhar Card, while can be used to establish identity, it is not per se proof of date of birth – No error in the MACT’s determination of age based on the School Leaving Certificate – As regards, the interest awarded, no reason recorded by the High Court in the reduction of the rate of interest from 7.5% to 6% – Compensation received by way of claims filed before MACT is either born out of injury or death of the claimant or family member of the claimants and so, the amount awarded must do justice to them – It necessarily has to be just and reasonable – Thus, fit to enhance the rate of interest to 8% – Notional income to be taken as Rs.9000/- as found by the tribunal; and the multiplier to be applied is 14 – Just compensation rounded off to Rs.15 lakhs with 8% interest from the date of filing of the claim petition – Juvenile Justice (Care and Protection of Children) Act, 2015. [Paras 9, 9.1-9.3, 9.6-9.8, 10-12, 14]

Keywords: Aadhar Card · Suitability of Aadhar Card as proof of age · School leaving certificate · Proof of date of birth · Date of birth · Unique Identification Authority of India · Circular No.08 of 2023 · Establish identity · Judicial notice · Motor accident · Compensation · Interest · Minimum wage rate · Multiplier of 13 · Multiplier of 14 · Appellate proceedings · Notional income · Just and reasonable · Enhance rate of interest

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order Sanjay Karol J. Leave Granted. 2. These appeals are at the instance of the wife and sons1 of the deceased Silak Ram, who was on 4th August, 2015, travelling on a motorcycle bearing registration No.HR-12X-2820, along with one Rohit. Both were found lying injured on the side of the road. The Hereinafter “claimant-appellants” former had succumbed to his injuries and the latter was taken for treatment to Medical College, Rohtak. 3. One Krishan who had discovered the deceased and the injured person on the road, reported the matter to the police and, during the investigation of such inci
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