CASE NAME: Saroj & Ors. V. IFFCO-TOKIO General Insurance Co. & Ors.
CASE NO.: Civil Appeal Nos. (Arising out SLP(C) Nos. 23939-23940 OF 2023) OF 2024.
DATED: 24TH October, 2024
QUORUM: Sanjay Karol J
FACTS OF THE CASE:
These appeals are at the instance of the wife and sons of the deceased
Silak Ram, who died in a motor accident on 4th August 2015 traveling 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 former had succumbed to his injuries and the latter was taken for treatment to Medical College, Rohtak. 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 incident, the statement of the injured Rohit revealed the particulars of the offending vehicles.
In connection thereto, F.I.R.No.481/2015 dated 4th August 2015 under Sections 279/337, 304A was registered at Police Station, Sampla. The claim petition, bearing No.25 of 2015 was instituted by the family members of the deceased on 16th December 2015 before the Motor Accident Claims Tribunal, Rohtak2. Vide Award dated 26th April 2017 an amount of Rs.19,35,400/- was passed with an interest @7.5% from the date of filing of the claim petition.
The respondent-insurance company was directed to deposit the money into the bank accounts of the claimant-appellants. However, for claimant Nos.2 and 3, who were minors at the relevant time, their share of Rs.6 lakhs each was directed to be placed in fixed deposit till the age of majority or for five years, whichever is later. The appellants filed a claim with the Motor Accident Claims Tribunal (MACT), which awarded them a compensation amount, but the High Court later reduced it, which resulted in this appeal to the SC.
ISSUES OF THE CASE:
- Whether the High Court was right in using the Adhar Card of the deceased as proof of age?
- Whether the reduction in compensation was justifiable?
LEGAL PROVISIONS:
- Juvenile Justice (care and protection of children) Act, 2015:
This act states that in case, the Committee or the Board has reasonable grounds for doubt regarding whether the person brought before it is a child or not, the Committee or the Board, as the case may be, shall undertake the process of age determination, by seeking evidence by obtaining the date of birth certificate from the school, or the matriculation or equivalent certificate from the concerned examination Board, if available; and in the absence thereof; the birth certificate given by a corporation or a municipal authority or a panchayat; and only in the absence of above, age shall be determined by an ossification test or any other latest medical age determination test conducted on the orders of the Committee or the Board.
- Motor Vehicle Act:
The Motor Vehicles Act is an Act of the Parliament of India which regulates all aspects of road transport vehicles.
CONTENTIONS BY THE APELLANT:
The contentions by the appellant were that the age of the deceased should be considered based on the School Leave Certificate, which stated that the deceased was younger and the compensation received through it would be more. They argued that the calculations made by the MACT were more accurate, and thus the compensation should be based on that.
CONTENTIONS BY THE RESPONDENT:
On the other hand, the respondents argued that the High Court was correct to use the Adhar Card for determining the deceased age, they agreed to the HC’s decision of reducing the interest rate on compensation from 7.5%-6%, thereby reducing the compensation amount.
JUDGEMENT:
By overturning the High Court’s decision the Supreme Court considered the School Leaving Certificate as proof to determine the deceased age which aligned with the legal standards. The Supreme Court found the determination of income made by MACT was correct and also raised the rate of interest on compensation to 8%.
ANALYSIS:
This case revolves around a family who are fighting in the court to get a fair compensation and judgement for the deceased Saroj, the Supreme Court stated that the School Leaving Certificate should take be taken as proof over the Aadhar Card in determining age, referencing legal standards set by the Juvenile Justice Act.
Agreeing with the MACT over the High Court the SC found that the calculation of the compensation was correctly done by the MACT. The SC also increased the rate of interest on the compensation to 8%.
CONCLUSION:
The court ruling in favor of the appellants considered the SLC as proof for determining the age of the deceased and thereby allowing them to claim compensation based on it. Over all this ruling of the Supreme Court highlights the importance of fair calculation of compensation.
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WRITTEN BY: D.V. DEEKSHA.