VidhiSangh

Supreme Court of India · 24/10/2024

SAROJ & ORS. versus IFFCO-TOKIO GENERAL INSURANCE CO. & ORS.

[2024] 10 S.C.R. 939 · 2024 INSC 816

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Summary

In a motor accident death claim, the Supreme Court set aside the High Court's reduction of compensation, holding that the age of the deceased should be taken from his School Leaving Certificate rather than his Aadhaar Card, which is proof of identity and not per se of date of birth. It restored the Tribunal's notional income, applied a multiplier of 14, raised interest to 8% and fixed compensation at Rs 15,00,000.

Issues

  1. Where the School Leaving Certificate and the Aadhaar Card record different dates of birth, which is to be taken as authoritative for determining the age of the deceased.
  2. Whether the High Court was justified in reducing the compensation awarded by the Motor Accident Claims Tribunal by substituting minimum wage rates for the DC rates used to fix notional income.
  3. Whether the High Court could reduce the rate of interest without recording reasons.

Provisions considered

Held

Result

Appeals allowed; compensation fixed at Rs 15,00,000 with interest at 8% from the date of filing of the claim petition, to be released to the claimants in the manner directed by the Tribunal. No order as to costs.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 939.