Gauhati HC upholds Employment Record for Employee Age Proof over Post-Mortem Reports

The Gauhati High Court has upheld the value of official employment record for employee age proof from a public sector undertaking. The documents supersede post-mortem reports and driving licenses for age determination. The High Court substantially enhanced a compensation award to over ₹75 lakhs, establishing that specific birth dates in employment certificates constitute the 'best evidence' for calculating dependency multipliers.

Justice Mridul Kumar Kalita adjudicated upon cross-appeals filed by the insurer and the claimants challenging a 2016 award by the Motor Accident Claims Tribunal, Dibrugarh. The proceedings involved a contentious dispute over the correct age and monthly income of a deceased employee of Oil India Limited who was killed in a motorcycle accident in 2013.

Key Takeaways

Employment Record for Employee Age Proof

Official certificates issued by an employer providing a specific date of birth carry higher evidentiary value than rough estimations in medical reports or year-only mentions in driving licenses.

Multiplier Recalculation Mandate

Courts must strictly adhere to the age-specific multiplier scales established in National Insurance Company Ltd. Vs. Pranay Sethi ( "(2017) 16 SCC 680": 2017 CaseBase(SC) 551), even if it results in a lower multiplier when a higher age is proven through reliable documentation.

Allowance Inclusion in Income

While leave encashment is excluded as a non-regular feature, other allowances forming part of the regular salary must be included in the net income calculation for compensation.

Correction of Age and Multiplier Discrepancies

The Gauhati High Court observed a conflict between three sets of documents: a post-mortem report (age 45), a driving license (year 1963), and an Oil India Limited certificate (date of birth 31.07.1960). The Bench determined that the service record was the most reliable, placing the deceased at 53 years old rather than 45. Consequently, following the Motor Vehicles Act and the principles in National Insurance Company Ltd. Vs. Pranay Sethi ( "(2017) 16 SCC 680": 2017 CaseBase(SC) 551), the multiplier was reduced from 13 to 11.

The Gauhati High Court opined that the certificate issued by officials of Oil India Limited where the deceased was employed, mentions a specific date of birth, which the Court regarded as the best evidence to substantiate the deceased's age at the time of his death."

Ratio

When multiple documents suggest different ages of a victim in a motor accident claim, an official service record from a recognized employer providing a specific date of birth constitutes the best evidence. Furthermore, while statutory deductions like Income Tax and Professional Tax must be excluded from the gross income, and non-regular payments like leave encashment omitted, the resulting net income must be augmented by the appropriate percentage for future prospects based on the proven age of the deceased.

Background

The case originated from a 2013 accident where a pedestrian was fatally struck by a motorcycle. His family filed a claim under Section 166 of the Motor Vehicles Act. The Tribunal had initially awarded ₹38,15,068/-, which both the New India Assurance Company and the claimants challenged. The insurer argued the age was higher and the multiplier too high, while claimants argued the income was underestimated. The Gauhati High Court recalculated the income by including regular allowances but excluding leave encashment and taxes, ultimately enhancing the compensation to ₹75,06,144/- after applying a 15% future prospects addition and 9% interest.

Case Details:

Case No.: MACApp./569/2022

Neutral Citation: 2026:GAU-AS:12884

Case Title: New India Assurance Company Ltd. v. Mrs Hirumoni Chetia and Others

Appearances:

For the Petitioner(s): Mr. A. J. Saikia, Advocate

For the Respondent(s): Mr. B. Baruah, Advocate

Source: 2026 CaseBase(GAU) 1264