Case Note & Summary
Case BackgroundThe appellants, the wife and sons of deceased Silak Ram, filed an appeal for compensation after a road accident in which Silak Ram succumbed to injuries (4 August 2015). The Motor Accident Claims Tribunal (MACT) awarded them compensation, later reduced by the High Court based on a different income estimate.
Initial Award by MACTMACT awarded Rs.19,35,400 with 7.5% interest to the claimants. It used the deceased’s agricultural background and district wage rates to calculate notional income.
High Court Re-evaluation and ReductionOn appeal, the High Court reduced the compensation to Rs.9,22,336 by applying minimum state wage rates and altering the age multiplier based on the Aadhar Card. The High Court also reduced the interest rate from 7.5% to 6%.
Appeal to the Supreme CourtThe claimants contested the High Court’s reduced amount, arguing for the original multiplier and challenging the notional income calculation and interest reduction.
Legal Issues and Ratio DecidendiIssue 1: Determining Age with Conflicting DocumentsThe Supreme Court favored the School Leaving Certificate over the Aadhar Card for age determination, supported by Section 94 of the Juvenile Justice Act, 2015, recognizing school certificates as primary age evidence.
Issue 2: Basis for Notional IncomeThe Court held that district-specific wage rates (Rohtak’s Deputy Commissioner’s rates) were applicable rather than uniform state rates, given the deceased’s occupational specifics.
Issue 3: Compensation and InterestThe Supreme Court restored the 7.5% interest rate, raising it to 8% due to the compensatory nature of MACT claims, addressing both injury and death situations.
Acts and Sections Discussed Sections 279/337, 304A of IPC: Pertains to offenses involving rash driving, causing hurt, and death due to negligence. Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015: Establishes school certificates as primary evidence in age determination cases. Final DecisionThe Supreme Court recalculated compensation based on a monthly income of Rs.9,000, an age multiplier of 14, and an 8% interest rate from the filing date. The final compensation totaled Rs.15,00,000, rounding up for just compensation.
Subjects:
Motor Accident Claims, Compensation, Determination of Age and Income, Judicial PrecedenceCompensation Law, MACT, Motor Accident, Notional Income, Date of Birth Verification
Issue of Consideration: SAROJ & ORS. VERSUS IFFCO-TOKIO GENERAL INSURANCE CO. & ORS.
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