Date of birth in Aadhar Card is no proof for compensation multiplier
On 4.8.2015, Silak Ram, while travelling on a motor cycle with one Rohit were found lying injured on the side of the road. Silak Ram died due to the injuries.
On 26.4.2017, the Claims Tribunal awarded Rs.19,35,400/- with interest to the claimants and directed to deposit Rs.6/- lakhs each of two minors in fixed deposit till majority or five years whichever is later. The Tribunal applied multiplier of 14 based on date of birth in the school leaving certificate.
On 9.3.2020, the High Court reduced the compensation to Rs.9,22,336/-. It was observed that as per Aadhar card the date of birth was 1.1.1969, the age was 47 years at the time of death and multiplier of 13 is applicable.
However, before the Supreme Court, the claimants had contended that multiplier of 14 would be applicable since age was 45 years as per the date of birth recorded in the school leaving certificate.
HELD that the date of birth in school leaving certificate has judicial recognition and also in view of the Circular dated 22.12.2023 of UDAI and therefore, the compensation based on date of birth in the school leaving certificate by the Tribunal was correct.
Civil Appeal No….of 2024 (SLP (Civil) Nos.23939-23940 of 2023) of Saroj and others Vs. Iffco-Tokio General Insurance Co. & others
