Saroj & Ors. Vs IFFCO-TOKIO General Insurance Co. & Ors. (Supreme Court of India)
In a significant ruling, the Supreme Court of India clarified that an Aadhar card, while useful for establishing identity, does not serve as conclusive proof of an individual’s date of birth. This decision arose from the case of Saroj & Ors. Vs IFFCO-TOKIO General Insurance Co. & Ors., stemming from a tragic motorcycle accident that occurred in August 2015.
Background of the Case
The appeals were filed by the family of the deceased, Silak Ram, who died in a motorcycle accident on 4th August 2015. He was traveling with a companion, Rohit, who sustained injuries in the incident. Krishan, a passerby, discovered the injured individuals and reported the accident to local authorities, leading to the registration of a First Information Report (FIR) against the offending vehicle.
Subsequently, the family of the deceased filed a claim petition before the Motor Accident Claims Tribunal (MACT) in Rohtak on 16th December 2015. The tribunal awarded them Rs. 19,35,400 along with interest. However, the insurance company was directed to hold the minors’ share in fixed deposit until they reached adulthood.
Appeal and Reduction of Compensation
Dissatisfied with the compensation awarded, the family appealed to the Punjab and Haryana High Court. In a judgment delivered on 9th March 2023, the court reduced the compensation to Rs. 9,22,336, primarily basing its decision on the applicability of minimum wage rates as opposed to district-specific rates. The High Court noted that the Aadhar card listed the deceased’s date of birth as 1st January 1969, suggesting an age of 47 at the time of death.
