New Delhi:
The Supreme Court docket on Thursday put aside an order of the Punjab and Haryana Excessive Court docket which had accepted an Aadhaar card for figuring out the age of a street accident sufferer to grant compensation.
A bench comprising Justices Sanjay Karol and Ujjal Bhuyan, subsequently, mentioned the age of the deceased needed to be decided from the date of delivery talked about within the faculty leaving certificates underneath Part 94 of the Juvenile Justice (Care and Safety of Youngsters) Act, 2015.
“We discover that the Distinctive Identification Authority of India, by the use of its round quantity 8 of 2023, has acknowledged, in reference to an workplace memorandum issued by the Ministry of Electronics and Data Know-how dated December 20, 2018, that an Aadhaar Card, whereas can be utilized to determine identification, just isn’t per se proof of date of delivery,” famous the bench.
When it got here to figuring out the age, the highest courtroom accepted the competition of the claimant-appellants earlier than it and upheld the judgment of the Motor Accident Claims Tribunal (MACT) which calculated the deceased’s age on the premise of his faculty leaving certificates.
The highest courtroom was listening to an attraction filed by kin of a person who died in a street accident in 2015.
MACT, Rohtak awarded a compensation of Rs 19.35 lakh which was lowered to Rs 9.22 lakh by the excessive courtroom after noting the MACT had wrongly utilized the age multiplier whereas figuring out the compensation.
The excessive courtroom had relied on the deceased’s Aadhaar card to calculate his age as 47 years.
The household contended the excessive courtroom erred in figuring out the deceased’s age on the premise of the Aadhaar card as his age, if calculated as per his faculty go away certificates, was 45 years on the time of dying.
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