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Supreme Court of India

SAROJ & ORS.versusIFFCO-TOKIO GENERAL INSURANCE CO. & ORS.

Citation
2024 INSC 816
Decided
24 October 2024
Disposal
Appeal(s) allowed

Holding

The Court held that the School Leaving Certificate is the authoritative proof of age, not the Aadhaar Card, and that the High Court erred in reducing the compensation; the correct award is Rs 15 lakhs with 8% interest.

Summary

The deceased Silak Ram died in a motorcycle accident on 4 August 2015. His family filed a claim before the Motor Accident Claims Tribunal (MACT) which awarded Rs 19,35,400 with 7.5% interest. The Punjab & Haryana High Court reduced the award to Rs 9,22,336, relying on the deceased’s age as 47 years derived from his Aadhaar card and using the minimum‑wage rate for notional income. The appellants contested the reduction, arguing that the School Leaving Certificate showing a birth date of 7 October 1970 (age 45) should govern, entitling them to a higher multiplier and a higher interest rate. The Supreme Court held that, under Section 94(2) of the Juvenile Justice Act, a School Leaving Certificate is a statutorily recognised proof of age and that the Aadhaar card is not per se proof of date of birth, as affirmed by UIDAI Circular No. 08 of 2023. Consequently, the Court found the High Court’s reduction erroneous, restored the MACT’s determination of age, enhanced the interest to 8%, and ordered a total compensation of Rs 15 lakhs. The appeals were allowed.

Issues considered

  • In case of conflict between a School Leaving Certificate and an Aadhaar Card, which document is authoritative for determining a person’s date of birth?
  • Whether the Punjab & Haryana High Court’s reduction of the compensation awarded by the Motor Accident Claims Tribunal was justified and in accordance with law.

Legislation cited

Subjects

Aadhar CardSuitability of Aadhar Card as proof of ageSchool leaving certificateProof of date of birthDate of birthUnique Identification Authority of IndiaCircular No.08 of 2023Establish identityJudicial noticeMotor accidentCompensationInterestMinimum wage rateMultiplier of 13Multiplier of 14Appellate proceedingsNotional incomeJust and reasonableEnhance rate of interest

Judgment

                 [2024] 10 S.C.R. 939 : 2024 INSC 816

                         Saroj & Ors.
                              v.
            IFFCO-TOKIO General Insurance Co. & Ors.
                  (Civil Appeal Nos. 12077-12078 of 2024)
                                 24 October 2024
                 [Sanjay Karol* and Ujjal Bhuyan, JJ.]

                             Issue for Consideration
       Issue arose that in case of conflict of the dates of birth between
       the two documents, School Leaving Certificate and the Aadhar
       Card, which of the two is to be taken as authoritative; and whether
       the High Court’s reduction of the compensation awarded by the
       MACT was justified and in accordance with law.

                                     Headnotes†
       Deeds and document – Aadhar Card – Suitability of, to
       determine proof of age, vis-à-vis the school leaving certificate:
       Held: Aadhar card may not be used as proof of date of birth –
       Circular No.08 of 2023 by Unique Identification Authority of India,
       to the effect that an Aadhar Card, while can be used to establish
       identity, it is not per se proof of date of birth – Judicial notice has
       been taken of the circular. [Paras 9.6-9.8]
       Motor accident – Compensation – Claim of – Determination of
       age of the victim – Death of victim in a motorcycle accident –
       Tribunal awarded compensation of Rs.19,35,400/- with an
       interest @7.5% from the date of filing of the claim petition –
       However, the High Court reduced the compensation to
       Rs.9,22,336, on basis of the minimum wage rate and multiplier
       of 13 on basis of the victim’s age as 47 years at the time of
       his death as per his aadhar card – Challenge to, contending
       that the multiplier applicable would be 14 as his age was
       45 years as per his school leaving certificate:
       Held: High Court erred in reducing the compensation – Court
       sitting in appeal is not to substitute its view for that of the court
       below – It is only to see that the decision arrived at is not afflicted by
       perversity, illegality or any other such vice which may compromise


* Author
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       it beyond redemption – Question before the High Court was not
       as to which yardstick to use to determine the notional income of
       the deceased was ‘better’ – Since nothing on record to establish
       that the rates notified by the District Commissioner, would not
       apply to the deceased, no reason to interfere with the finding of
       the tribunal – Furthermore, School Leaving Certificate has been
       accorded statutory recognition under sub-section (2) of s.94 of
       the 2015 Act – Unique Identification Authority of India, by way of
       its Circular No.08 of 2023, has stated that an Aadhar Card, while
       can be used to establish identity, it is not per se proof of date of
       birth – No error in the MACT’s determination of age based on the
       School Leaving Certificate – As regards, the interest awarded, no
       reason recorded by the High Court in the reduction of the rate
       of interest from 7.5% to 6% – Compensation received by way
       of claims filed before MACT is either born out of injury or death
       of the claimant or family member of the claimants and so, the
       amount awarded must do justice to them – It necessarily has to
       be just and reasonable – Thus, fit to enhance the rate of interest
       to 8% – Notional income to be taken as Rs.9000/- as found by the
       tribunal; and the multiplier to be applied is 14 – Just compensation
       rounded off to Rs.15 lakhs with 8% interest from the date of filing
       of the claim petition – Juvenile Justice (Care and Protection of
       Children) Act, 2015. [Paras 9, 9.1-9.3, 9.6-9.8, 10-12, 14]

                                Case Law Cited
       K.S. Puttaswamy v. Union of India [2015] 9 SCR 99 : (2019) 1
       SCC 1; Manoj Kumar Yadav v. State of M.P., 2023 SCC OnLine
       MP 1919; Shahrukh Khan v. State of M.P., 2023 SCC OnLine
       MP 2740; Navdeep Singh & Anr. v. State of Punjab & Ors., 2021
       SCC OnLine P&H 4553; Noor Nadia & Anr. v. State of Punjab &
       Ors., 2021 SCC OnLine P&H 1514; Muskan v. State of Punjab,
       2021 SCC OnLine P&H 3649; Parvati Kumari v. State of U.P.,
       2019 SCC OnLine All 7085; Kumit Kumar v. State of H.P., 2024
       SCC OnLine HP 2965; Sofikul Islam v. State of Kerala, 2022 SCC
       OnLine Ker 5814; State of Maharashtra v. Unique Identification
       Authority of India and Ors., Criminal Writ Petition No. 3002 of
       2022; Gopalbhai Naranbhai Vaghela v. Union of India & Anr., Order
       dated 26th February, 2024 passed in R/Civil Special Application
       No. 16484 of 2022; Shabana v. NCT of Delhi, 2024 SCC OnLine
       Del 5058; National Insurance Co. Ltd. v. Pranay Sethi [2017] 13
       SCR 100 : (2017) 16 SCC 680 – referred to.
[2024] 10 S.C.R.                                                            941

        Saroj & Ors. v. IFFCO-TOKIO General Insurance Co. & Ors.


                                            List of Acts
      Juvenile Justice (Care and Protection of Children) Act, 2015.

                                         List of Keywords
      Aadhar Card; Suitability of Aadhar Card as proof of age; School
      leaving certificate; Proof of date of birth; Date of birth; Unique
      Identification Authority of India; Circular No.08 of 2023; Establish
      identity; Judicial notice; Motor accident; Compensation; Interest;
      Minimum wage rate; Multiplier of 13; Multiplier of 14; Appellate
      proceedings; Notional income; Just and reasonable; Enhance
      rate of interest.

                                         Case Arising From
      CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 12077-12078
      of 2024
      From the Judgment and Order dated 09.03.2023 of the High Court of
      Punjab & Haryana at Chandigarh in FAO Nos. 8504 and 6836 of 2017
                                   Appearances for Parties
      Ms. Srishti Choudhary, Ms. Shefali Choudhary, Ms. Namita Choudhary,
      Advs. for the Appellants.
      Suyash Vyas, Gopal Singh, Anil Hooda, Shafik Ahmed, Ajay Sharma,
      Sunny, Satendra Singh Baghel, S. Srinivasa Chary, Manoj Kumar,
      Ms. Parul Priya, Ms. Anupama Singh, Varun Mishra, Advs. for the
      Respondents.
                      Judgment / Order of the Supreme Court
                                              Order
      Sanjay Karol J.
      Leave Granted.
2.    These appeals are at the instance of the wife and sons1 of the
      deceased Silak Ram, who was on 4th August, 2015, travelling 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



1    Hereinafter “claimant-appellants”
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       former had succumbed to his injuries and the latter was taken for
       treatment to Medical College, Rohtak.
3.     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.
4.     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, Rohtak.2 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 a
       period of five years, whichever is later.
5.     On appeal to the High Court, vide judgment and order dated 9th
       March, 2023 passed in FAO Nos.8504 of 2017 (O&M) and 6836
       of 2017 (O&M) the amount awarded by the MACT was reduced
       to Rs.9,22,336/- noting that minimum wage rates issued by the
       Government are uniformly applicable throughout the State and,
       therefore, constitute a better measure for calculating the notional
       income of a deceased person, as opposed to special DC rates notified
       by the Deputy Commissioner of a District, and, therefore, would only
       be applicable to that particular district. Further, it was observed that
       with respect to the age at the time of death, the Aadhar Card of the
       deceased records his date of birth to be 1st January 1969; thus, the
       age comes to 47 years. Hence, the multiplier applicable would be 13.
6.     The claimant-appellants, aggrieved by the reduction, have approached
       this Court. Before us, it was contended that the multiplier applicable
       would be 14 since, in the School Leave Certificate the date of birth
       of the deceased is shown as 7th October, 1970. His age, then at the
       time of the accident was 45 years. They were further aggrieved by
       the calculation of monthly income to be Rs.5,886/-.


2    Hereinafter “MACT”
[2024] 10 S.C.R.                                                         943

      Saroj & Ors. v. IFFCO-TOKIO General Insurance Co. & Ors.


7.   Notice was issued on 17th October, 2023. The matter was then sent
     to Lok Adalat by way of an order dated 23rd July 2024. A subsequent
     order dated 2nd August 2024 records that the matter could not be
     settled.
8.   We have heard the learned counsel for the parties and also perused
     the record. The questions arising for consideration are - (a) in case of
     conflict of the dates of birth between the two documents, as in this case
     between the School Leaving Certificate and the Aadhar Card, which
     of the two is to be taken as authoritative; and (b) whether in the facts
     of the case, the High Court’s reduction of the compensation awarded
     by the learned MACT, was justified and in accordance with law?
9.   This Court is of the view that the High Court erred in undertaking
     the reduction as it has. The reasons therefor are recorded in the
     following paragraphs.
     9.1 The general rule insofar as appellate proceedings are concerned
         is that a Court sitting in appeal is not to substitute its view for
         that of the Court below. It is only to see that the decision arrived
         at is not afflicted by perversity, illegality or any other such vice
         which may compromise it beyond redemption.
     9.2 It is also well settled that an order is not to be interfered with
         simply because another view is possible, which, in the impugned
         order the High Court seems to have done.
     9.3 The question before the High Court was not as to which yardstick
         to use to determine the notional income of the deceased was
         ‘better’. Since there is nothing on record to establish that the
         rates notified by the District Commissioner, Rohtak, would not
         apply to the deceased, we find no reason to interfere with the
         finding of the Tribunal. Further, the testimonies of PWs 2, 5 and
         6 show that he is an agriculturist who owned his own tractor
         and a JCB machine.
     9.4 The second aspect is the age of the deceased. The High
         Court, relied on the age as mentioned in the Aadhar Card of
         the deceased, i.e., 1st January, 1969. However, as submitted by
         the claimant-appellants, the School Leaving Certificate records
         the date of birth of the deceased to be 7th October, 1970. This
         will affect the multiplier to be applied. Let us now consider this
         question.
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             It has to be noted at the outset that a School Leaving Certificate
             has been accorded statutory recognition. Sub-section (2) of
             Section 94 of the Juvenile Justice (Care and Protection of
             Children) Act, 20153 reads thus:
                     “(2) 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 —
                     (i)    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;
                     (ii)   the birth certificate given by a corporation or a
                            municipal authority or a panchayat;
                     (iii) and only in the absence of (i) and (ii) 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…”
                                                       (Emphasis Supplied)
             Whether the Aadhar Card is sufficient proof of a person’s age, has
             come up for consideration before some High Courts, albeit in the
             context of different statutes. We shall refer to a few instances but,
             prior to doing so, it is also important to take note of the purpose
             behind introduction of the Aadhar Scheme. In the Constitution
             Bench judgment in K.S. Puttaswamy v. Union of India (5-J.)4
             Dr. A.K. Sikri, J. wrote as hereinbelow extracted, encapsulating
             the object and purpose of Aadhar:-
                     “24. Before adverting to the discussion on various
                     issues that have been raised in these petitions, it
                     would be apposite to first understand the structure of


3   Hereafter “JJ Act”
4   [2015] 9 SCR 99 : (2019) 1 SCC 1
[2024] 10 S.C.R.                                                             945

      Saroj & Ors. v. IFFCO-TOKIO General Insurance Co. & Ors.


                the Aadhaar Act and how it operates, having regard
                to various provisions contained therein. UIDAI was
                established in the year 2009 by an administrative
                order i.e. by resolution of the Govt. of India, Planning
                Commission, vide notification dated January 28, 2009.
                The object of the establishment of the said Authority
                was primarily to lay down policies to implement the
                Unique Identification Scheme (for short the ‘UIS’) of
                the Government, by which residents of India were
                to be provided unique identity number. The aim was
                to serve this as proof of identity, which is unique in
                nature, as each individual will have only one identity
                with no chance of duplication. Another objective was
                that this number could be used for identification of
                beneficiaries for transfer of benefits, subsidies, services
                and other purposes. This was the primary reason, viz.
                to ensure correct identification of targeted beneficiaries
                for delivery of various subsidies, benefits, services,
                grants, wages and other social benefits schemes which
                are funded from the Consolidated Fund of India ...
                Summing up the Scheme:
                62. The whole architecture of Aadhaar is devised to
                give unique identity to the citizens of this country.
                No doubt, a person can have various documents
                on the basis of which that individual can establish
                her identity. It may be in the form of a passport,
                Permanent Account Number (PAN) card, ration card
                and so on. For the purpose of enrolment itself number
                of documents are prescribed which an individual can
                produce on the basis of which Aadhaar card can be
                issued. Thus, such documents, in a way, are also
                proof of identity. However, there is a fundamental
                difference between the Aadhaar card as a means of
                identity and other documents through which identity
                can be established. Enrolment for Aadhaar card also
                requires giving of demographic information as well
                as biometric information which is in the form of iris
                and fingerprints. This process eliminates any chance
                of duplication. ….. It is for this reason the Aadhaar
946                                                         [2024] 10 S.C.R.

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                    card is known as Unique Identification (UID). Such
                    an identity is unparalleled.”
                                                   (Emphasis supplied)
       9.5 Turning back to the question of whether Aadhar Card can serve
           as a proof of age, a perusal of some High Court judgments
           reveals that this question has been considered on quite a few
           occasions in the context of the JJ Act. Illustratively, in Manoj
           Kumar Yadav v. State of M.P.5 a learned Single Judge of
           the Madhya Pradesh High Court held that when it comes to
           establishing the age, on a plea of juvenility the age mentioned
           in the Aadhar Card could not be taken as a conclusive proof
           in view of Section 94 of the JJ Act. Similar observations have
           been made in Shahrukh Khan v. State of M.P.6 holding that if
           the genuineness of the School Leaving Certificate is not under
           challenge, the said document has to be given due primacy.
             The Punjab & Haryana High Court in the context of the Prohibition
             of Child Marriage Act, 2006, in Navdeep Singh & Anr. v. State
             of Punjab & Ors.7 held that Aadhar Cards were not “firm proof
             of age”. Observations similar in nature were also made in Noor
             Nadia & Anr. v. State of Punjab & Ors.,8 Muskan v. State of
             Punjab9 as well as several other orders/judgments, in various
             contexts.
             Views aligning with the one referred to above have been taken
             by the High Court of Judicature of Allahabad in Parvati Kumari
             v. State of U.P.;10 the Himachal Pradesh High Court in Kumit
             Kumar v. State of H.P.11 and the High Court of Kerala in Sofikul
             Islam v. State of Kerala.12




5    2023 SCC OnLine MP 1919
6    2023 SCC OnLine MP 2740
7    2021 SCC OnLine P&H 4553
8    2021 SCC OnLine P&H 1514
9    2021 SCC OnLine P&H 3649
10   2019 SCC OnLine All 7085
11   2024 SCC OnLine HP 2965
12   2022 SCC OnLine Ker 5814
[2024] 10 S.C.R.                                                                   947

        Saroj & Ors. v. IFFCO-TOKIO General Insurance Co. & Ors.


      9.6 We find that the Unique Identification Authority of India,13 by
          way of its Circular No.08 of 2023, has stated, in reference to
          an Office Memorandum issued by the Ministry of Electronics
          and Information Technology dated 20th December 2018, that an
          Aadhar Card, while can be used to establish identity, it is not
          per se proof of date of birth. This office memorandum dated
          20th December, 2018 was taken note of by a learned Division
          Bench of the Bombay High Court in State of Maharashtra v.
          Unique Identification Authority of India And Ors.14 in its order
          dated 28th July, 2023. The Circular is extracted hereinbelow for
          ready reference:-
                              F.No.HQ-13065/1/2022-AUTH-II HQ/8075
                                Unique Identification Authority of India
                              (Authentication and Verification Division)
                                                          UIDAI Headquarter
                                       Bangla Sahib Road, Behind Kali Mandir
                                             Gole Market, New Delhi-110 001
                                                           Dated 22.12.2023
                                               Circular No.08 of 2023
                      Subject: Accepting Aadhar as a proof of Date of Birth
                      (DoB) – regarding.
                      It has been observed that AUAs/KUAs are considering
                      and accepting Aadhar card / e-Aadhaar as one of the
                      acceptable documents for proof of Date of Birth (DoB).
                      2. In this regard, it is pertinent to mention that, Aadhaar
                      is a unique 12 digit ID issued to a resident after he/
                      she undergoes the enrolment process by submitting
                      his/her demographic and biometric information. Once
                      a resident is assigned an Aadhaar number, it can be
                      used to authenticate the resident through various
                      modes as prescribed under Aadhaar Act, 2016 and
                      Regulations framed there under.



13   Abbreviated as ‘UIDAI’
14   Criminal Writ Petition No. 3002 of 2022
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       3. At the time of enrolment/updation, UIDAI records
       DoB as claimed by the resident, on the basis of
       the documents submitted by them, as specified
       under the list of supporting documents for Aadhaar
       enrolment, provided on the UIDAI website (https://
       uidai.gov.in/images/commdoc/26 JAN 2023 Aadhar
       List of documents English.pdf). Further, it is to be
       noted that Regulations 10(4) and 19A of the Aadhaar
       (Enrolment and UPDATE) Regulations, 2016, mention
       that verification of the enrolment and update data shall
       be performed as provided in Schedule III.
       4. In this regard, attention is drawn towards Office
       Memorandum dated 2-0.12.2018 issued by MeitY
       through UIDAI, where it has been stated that “An
       Aadhaar number can be used for establishing identity
       of an individual subject to authentication and thereby,
       per se its not a proof of date of birth” (copy enclosed).
       5. This aspect of the Aadhar Act, 2016 has been
       reiterated/highlighted/stressed upon by different High
       Courts in recent judgments. The most recent one is
       given by the Hon’ble High Court of Bombay, in the
       case of State of Maharashtra V/S Unique Identification
       Authority of India And Ors. dated 28.07.2023 (copy
       enclosed).
       6. In view of the above, it is required that use of
       Aadhaar, as a proof of DoB needs to be deleted from
       the list of acceptable documents.
       7. This issues with the approval of the Competent
       Authority.
       Encl : As above.
                                             (Sanjeev Yadav)
                                                      Director
                                           Tel: 011-23478609
                             Email: dirl.auth-hq@uidai.net.in
       …”
                                         (Emphasis supplied)
[2024] 10 S.C.R.                                                                               949

        Saroj & Ors. v. IFFCO-TOKIO General Insurance Co. & Ors.


      9.7 Judicial notice has also been taken of the circular above.
          Recently, a learned Single Judge of the Gujarat High Court in
          Gopalbhai Naranbhai Vaghela v. Union Of India & Anr.15 in
          view thereof directed the release of the petitioner’s pension in
          accordance with the date as mentioned in the School Leaving
          Certificate, keeping aside the difference in the date of birth as
          mentioned in the Aadhar Card, which was not relevant for the
          purpose of such consideration.
      9.8 In Shabana v. NCT of Delhi16 a learned Division Bench of the
          Delhi High Court in a case where the petitioner-mother sought
          a writ of habeas corpus for her daughter, recorded a statement
          made for and on behalf of UIDAI that “Aadhar Card may not
          be used as proof of date of birth.”
      9.9 Here, we may clarify that we have not expressed any view on
          the merits of these cases before their respective High Courts,
          and reference has only been made to them for the limited
          purpose of examining the suitability of the Aadhar Card as
          proof of age.
10. That being the position, as it stands with respect to the determination
    of age, we have no hesitation in accepting the contention of the
    claimant-appellants, based on the School Leaving Certificate. Thus,
    we find no error in the learned MACT’s determination of age based
    on the School Leaving Certificate.
11. On another aspect, i.e., the interest awarded, we find there to be
    no reason recorded by the High Court in the reduction of the rate
    of interest from 7.5% to 6%. The High Courts cannot lose sight of
    the fact that compensation received by way of claims filed before
    MACT is either born out of injury or death of the claimant or family
    member of the claimants and so, the amount awarded must do justice
    to them. It necessarily has to be just and reasonable. In that view
    of the matter, we find it fit to enhance the rate of interest to 8% to
    be paid from the date of filing of the claim petition.
12. In view of the above discussion, we direct that the notional income
    to be taken shall be Rs.9000/- as found by the Tribunal; given that


15   Order dated 26th February, 2024 passed in R/ Civil Special Application No. 16484 of 2022
16   2024 SCC OnLine Del 5058. Judgment dated 24th July, 2024.
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       the date of birth is, apropos the above discussion, to be taken as 7th
       October 1970 and consequently, the multiplier to be applied is 14.
13. Hence, the compensation payable to the claimant-appellants in terms
    of the principles laid down in National Insurance Co. Ltd. v. Pranay
    Sethi17 is recalculated in tabulated form as under :-

        Heads              MACT                HC                Final Compensation
                                                                 Payable
        Monthly            Rs.9,000/- (pg.38) Rs.5,886/-         Rs.9,000/-
        Income
        Annual             Rs.1,08,000/-       Rs.70,632/-       Rs.1,08,000/-
        income
        Future             @ 30% (2,700/-)     @ 25% (1,471/-) @ 25% (2,250/-) +
        prospects          + Rs.9,000/-        + Rs.5,886/-    Rs.9,000/-
                           = Rs.11,700/-       Rs.7,357/- p.m. = Rs.11,250/- p.m.
                           p.m.
        Personal           11,700-3900         7,357 – 2,452     11250-3,750
        Expenses           = Rs.7,800/- p.m.   = Rs.4,906/-      Rs.7,500/-p.m.
        (Deduction of      Rs.93,600/- p.a.                      = Rs.90,000/- p.a
        1/3 )
        Multiplier                  14               13                   14
        Loss of            Rs.93,600 x 14 =    Rs.58,872 x       Rs.90,000 x 14 =
        dependency         Rs.13,10,400/-      13 =              Rs.12,60,000/-
                                               Rs.7,65,336/-
        Loss of Estate Rs.1,00,000/-           Rs.15,000/-       Rs.18,150/-
                                                                 (10% increase after
                                                                 3 yrs + 3 yrs)
        Funeral            Rs.25,000/-         Rs.15,000/-       Rs.18,150/-
        expenses                                                 (10% increase after
                                                                 3 yrs + 3 yrs)
        Loss of            Rs.6,00,000/-       Rs.40,000 x 3 =   Rs.48,400 /-
        Consortium                             Rs.1,20,000/-     (10% increase after
                                                                 3 yrs + 3 yrs) x 3 =
                                                                 Rs. 1,45,200/-
        Total              Rs.20,35,400/- +    Rs.9,22,336/- +   Rs.14,41,500/- +
        compensation       7.5% interest       6% interest       8% interest from
                                                                 date of filing of
                                                                 claim petition



17   [2017] 13 SCR 100 : (2017) 16 SCC 680
[2024] 10 S.C.R.                                                       951

         Saroj & Ors. v. IFFCO-TOKIO General Insurance Co. & Ors.


14. The appeals are allowed, the total amount, i.e., Rs.14,41,500, in the
    interest of just compensation is rounded off to Rs.15,00,000/- with
    8% interest from the date of filing of the claim petition to be released
    to the rightful claimants in the manner directed by the Tribunal.
     Pending application(s) if any stands disposed of. No order as to cost.

     Result of the case: Appeals allowed.



     †
         Headnotes prepared by: Nidhi Jain


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