BHOPAL: The Madhya Pradesh High Court has held that an Aadhaar card is primarily an identity document and cannot be treated as conclusive proof of a person's age. It observed that a post-mortem report is a more reliable indicator of age.
In the 11-page order in a matter related to the compensation awarded to the parents of a 13-year-old boy who died in a motor accident in December 2019, the single-judge bench of MP HC in Gwalior, headed by Justice Amit Seth, recently observed, “An Aadhaar Card is primarily an identity document and cannot, by itself, be treated as conclusive proof of the age of its holder. On the other hand, the age recorded in the post-mortem report is based upon medical assessment conducted in the course of post-mortem examination.”
“Therefore, in the facts and circumstances of the present case, this Court finds the medical opinion recorded in the post-mortem report to be a more reliable basis for determining the age of the deceased. Accordingly, the age of the deceased is taken as 13 years at the time of the accident.”
Importantly, a Motor Accidents Claim Tribunal had earlier relied upon the Aadhaar Card and determined the deceased’s age as 14 years, seven months and nine days.
The insurance company, however, had pointed to the post-mortem report, which recorded his age as 13 years.
While finding merit in the insurance company’s argument, the MP HC observed that an Aadhaar card, by itself, cannot establish the age of its holder conclusively. The Court further stated that the medical assessment in the postmortem report was a more reliable basis for determining the deceased’s age.
The MP HC’s order came on an appeal filed by the boy’s parents, who had prayed for enhancing the Rs 5.45 lakh compensation awarded by the Motor Accident Claims Tribunal (MACT), Bhind, in September 2022.
The tribunal had determined the boy's age as 14 years, 7 months and 9 days on the basis of his Aadhaar card. However, the insurance company challenged this finding, pointing out that the post-mortem report recorded his age as 13 years.
The High Court also enhanced the compensation awarded to the parents of the boy, stating that they were entitled to total compensation of Rs 8,25,500 as against Rs 5,45,000 awarded by the Claims Tribunal. Consequently, the boy’s parents are entitled to enhanced compensation of Rs 2,80,500 (Rs 8,25,500 minus Rs 5,45,000).
The Court also directed that the enhanced compensation of Rs 2,80,500 shall carry interest at 6 per cent per annum from the date of filing of the original claim petition until its realisation.