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

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

The Supreme Court held that the School Leaving Certificate should be accepted for determining the deceased's date of birth over the Aadhaar Card, affirmed the MACT's notional income of Rs.9000 and applied a multiplier of 14, enhanced the rate of interest to 8% from the date of filing, recalculated compensation and rounded the award to Rs.15,00,000 to be released to the claimants as directed by the MACT.

Parties
Appellants: Saroj & Ors.; Respondents: IFFCO-TOKIO General Insurance Co. & Ors.
Jurisdiction
India
Judgment Date
24 October 2024
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeals allowed
Legal Topics
Proof of Age, Aadhar Card, School Leaving Certificate, Interest on Compensation, Notional Income, Multiplier
Motor Accident Claims Evidence Juvenile Justice Administrative Law Proof of Age Aadhar Card School Leaving Certificate Interest on Compensation +2 more

Case Brief

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Parties

Saroj & Ors.

Appellants

IFFCO-TOKIO General Insurance Co. & Ors.

Respondents

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether Aadhaar card or School Leaving Certificate is authoritative for date of birth when they conflict
  2. 2 Whether the High Court's reduction of compensation awarded by the MACT was justified and in accordance with law

Ratio Decidendi

The Supreme Court held that the School Leaving Certificate should be accepted for determining the deceased's date of birth over the Aadhaar Card, affirmed the MACT's notional income of Rs.9000 and applied a multiplier of 14, enhanced the rate of interest to 8% from the date of filing, recalculated compensation and rounded the award to Rs.15,00,000 to be released to the claimants as directed by the MACT.

Court Disposition

Appeals allowed

Orders

  • Notional monthly income to be taken as Rs.9000 as found by the MACT
  • Date of birth of the deceased to be taken as 7 October 1970 (School Leaving Certificate) and consequently multiplier of 14 to be applied