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Supreme Court of India 2024-10-24 allowed

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

Bench: 2 — Sanjay Karol, Ujjal Bhuyan

In Brief

The widow and sons of Silak Ram, killed in a 2015 motorcycle accident, appealed against the High Court's reduction of compensation. The main disputes concerned the deceased's age (conflicting dates in School Leaving Certificate vs. Aadhar Card) and the calculation method for notional income. The Supreme Court held that when dates of birth conflict, the School Leaving Certificate must be given precedence, as it has statutory recognition under the Juvenile Justice Act, 2015. An Aadhar Card is not conclusive proof of date of birth. The Court allowed the appeal, applying the correct multiplier of 14, restoring the notional income at Rs. 9,000 monthly, and awarding Rs. 15 lakhs with 8% interest from the claim date.

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Motor Accident Claims Compensation Evidence Age Determination Aadhar Card Juvenile Justice Identity Proof

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