SAROJ & ORS. vs. IFFCO-TOKIO GENERAL INSURANCE CO. & ORS. (2024)
This case involves the family of a deceased individual, Silak Ram, who died as a result of a road accident. The case was taken to the Motor Accident Claims Tribunal (MACT), which awarded compensation to the claimant's family. The insurance company, dissatisfied with the award, appealed to the High Court, which reduced the compensation. The family of the deceased subsequently appealed the decision to the Supreme Court, challenging the High Court's findings.
Details of the case
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Case name: Saroj & Ors. v. IFFCO-TOKIO General Insurance Co. & Ors.
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Court name: Supreme Court of India
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State: Haryana
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Citation: Civil Appeal Nos. of 2024 (Arising out of SLP(C) Nos. 23939-23940 of 2023)
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Judges: Justice Sanjay Karol
Background of the case
The present appeal revolves around a dreadful accident that took place on the 4th of August 2015 and involved two people, the appellant’s party member Silak Ram who died in the accident, and another party Rohit, riding a motorcycle. The accident led to the death of Silak Ram and left Rohit severely affected. Silak Ram, his wife and his sons claimed compensation through the Motor Accident Claims Tribunal, Rohtak. The Tribunal provided to the claimants a compensation of Rs 19,35,400 which was later brought down by the High Court down to Rs 9,22,336. They therefore appealed to the Supreme Court that wanted the original compensation amount restored.
Facts
Accident: The accident involving the use of a motorcycle happened on the 4th of August 2015, involving Silak Ram, Rohit. Silak Ram died from the injuries he received while Rohit had severe injuries but survived.
FIR and investigation: Registration Number: FIR No. 481/2015 was filed under sections 279, 337, and 304A of IPC based on which the police examined the case.
Claim petition: The claim petition was filed before the MACT by the respondent’s family on 16th December 2015.
Tribunal award: The MACT awarded Rs. 19,35,400/- to the claimants, for loss of dependency, funeral expenses, dissemination and all such factors with arrears @ 7.5% per annum.
The appeal in High Court: The insurance company carried an appeal to the High Court whereby the compensation was further reduced to Rs. 9,22,336/- all on account of a change in the method for computing income and the multiplier.
Appeal to the Supreme Court: The kin of the deceased went to the Supreme Court to appeal against the reduction of the compensation awarded by the High Court.
Issues
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Whether the High Court was wrong in decreasing the quantum of compensation granted by the MACT.
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Which of the above documents should be used to determine the age of the deceased person- Aadhar Card or School Leaving Certificate?
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Whether it is more appropriate to base the notional income of the deceased on the special district wage rates.
Judgment
On this legal issue, the High Court was found to have made a legal mistake by lowering the compensation as per the Supreme Court. Judgement Under Section 144 is restored to the Original amount of Rs. 19,35,400/- with Interest @ 7.5% per annum from the date of the filing of the petition. The Court also found that in determining the age of the deceased the School Leaving Certificate showing the date of birth as 7 th October 1970 was acceptable and not the Aadhar Card which was not conclusive proof of the age of the person.
Laws discussed
Juvenile Justice (Care and Protection of Children) Act, 2015
This Act provides for the scenario of children in India and the mechanism of their care, protection and rehabilitation. This deals with the assessment of the age of the minors, which is of great importance in matters of juvenile delinquents, children who are victims or in matters such as adoption. Statutory writing like the School Leaving Certificate also falls under the law amongst others as proof of age of a minor. Under Section 94 it is stated that in case the date of birth of a child is not known, age may be computed by reference to educational records, particularly the SLC.
Aadhar (Targeted Delivery of Financial and Other Subsidies, Benefits, and Services) Act, 2016
The law that mandates the operation and dispensation of the Aadhaar numbers is the Aadhar Act of India; the numbers give residents of India a unique identifier. This Aadhar card acts as an identity card as well as a card but is not valid proof of a unique date of birth. The Act provides a list of Aadhar’s purpose, and while Aadhar could be used to provide the date of birth, it is not conclusive when it comes to legal matters where the date of birth is crucial.
The rationale of the judgement
The Supreme Court’s decision was based on the following rationale:
Age Determination: The Court was categorical that when there is no clear document like a birth certificate, then the School Leaving Certificate should precede the Aadhar Card in terms of the age of the deceased. The Aadhar Card, despite being an Identity document, does not decide the Dob and the School Leaving Certificate recognized under the Juvenile Justice (Care and Protection of Children) Act, 2015 as a statutory document to determine age.
Income Calculation: The Court observed that the MACT had rightly taken into consideration the special district wage rates relating to Rohtak where the deceased was working as an agriculturist with owned equipment. Thus, the Court has seen no proper grounds to depart from these rates.
Compensation: The Court recovered the compensation granted by the MACT and added that the reduction by the High Court was not warranted. The High Court had gone wrong in substituting its opinion on how the compensation should have been computed and in its consideration of the peculiar facts of the case.
Critical analysis
The judgement of the apex court in this case reaffirms a statutory document over an identity card such as the Aadhar Card in matters such as age determination in legal processes such as accident compensation. The judgement also provides guidelines on how the wage rates prevailing in those districts are to be taken into account in computing the compensation, especially where the deceased may have been earning through farming or any other activity within such a district.
However, one could argue that when the High Court has made an attempt to scale down the compensation depending on the wage rate applicable in the State it is not being sensitive to regional economics. Further, it opens possibilities of debates regarding the adequacy of Aadhar cards as legal identification in future cases while considering Bodies legal advantage, the SLC holds more value than the other forms of identity documents based on age.
Conclusion
This particular Supreme Court’s judgement also supports the role of statutory documents in order to adjudicate facts such as age and especially the regional rates of wages for compensation in road accidents where the courts are concerned. The decision is important to restore the rightful compensation which was awarded by the MACT but emphasises the discretion which has been exercised here to give justice to the suffering party.
In case of a motor accident, the laws may be somewhat involved. Thus, consultation with an attorney is crucial. Finally, legal consultation with a motor vehicle lawyer gives you an understanding of your rights and the assistance required for a favourable outcome.
FAQs
Which document can be most accurately regarded as the most authentic evidence for age in legal systems?
The testimonial regarded most authentic when legal age has to be ascertained at any cost is the School Leaving Certificate. In all cases, the Juvenile Justice (Care and Protection of Children) Act specifies that where there is a doubt in the date of birth, the SLC is preferred to other documents such as the Aadhar Card.
Are Aadhar cards acceptable for the production of date of birth in any court?
While the Aadhar Card is a genuine form of identification it is not a conclusive form of identification particularly the date of birth. The Aadhar Card is mainly an identification card and the correctness of age provided under it is not legal when compared to statutory documents like the School Leaving Certificate.
What do I do if I lose/don’t have my School Leaving Certificate bearing my age?
If you do not have the School Leaving Certificate, the certificate or any other record of education birth certificate or matriculation certificate may be presented to the court by the applicant. Where none of these, then affidavits or other statutory documents may be considered.
How best does the Juvenile Justice (Care and Protection of Children) Act affect the matter of age determination?
The Juvenile Justice (Care and Protection of Children) Act makes provisions for a document such as the School Leaving Certificate as far as age assessment of the child in matters of Juvenile Justice is concerned. The Act also guarantees that the right document with accurate information is used for age determination throughout the provisions of the Act.
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