'Post mortem report can be taken as scientific assessment of age,' Supreme Court enhances compensation in road accident case

New Delhi: The Supreme Court has held that the post-mortem report can be taken as a scientific assessment of the age of the deceased for the purpose of computing compensation under the Motor Vehicle Act.

A bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah pointed out the MV Act is a beneficial and welfare legislation and it is the court's duty to award ‘just compensation' as it enhanced the total compensation from Rs 5,96,761 to Rs 13,82,500 to be paid to the family of the deceased.

In its judgment on March 19, 2025, the court found as erroneous the decision by the Punjab and Haryana court to treat the age of the deceased, Tarawati as 60 years instead of 45 years as determined by the post mortem report and claimed by the appellants, her family members.

Appellants led by daughter-in-law Sunita contended the age of the deceased has been taken as 60 years purely on conjecture, presuming that as per societal norms, the wife would be two years younger than her husband.

"This flawed reasoning has been upheld by the High Court by assuming the age of claimant no 1 as 42 years. This reasoning is incorrect inasmuch as the age of claimant no 1 was recorded as 30 years in the claim petition and the post-mortem report of February 07, 2003 clearly recorded the age of the deceased as being 45 years," the top court said.

Finding force in the submission, the bench said, the purported discrepancy in the age with regard to that of the claimant and the deceased is erroneous.

The court noted when the claim was filed, appellant no 1 was aged about 30 years and a difference of 15 years between the daughter-in-law and the mother-in-law cannot be said to be totally devoid of reality given the contextual and prevalent societal norms in vogue at the time of marriage of the deceased which could have been at least 25 to 30 years prior to her death i.e., in or about the 1970s.

"Moreover, in the absence of material indicating to the contrary, there is no inhibition to accept the age of the deceased as per the post-mortem report. Thus, we are inclined to grant her the benefit of multiplier of 14 taking her age as 45 years," the bench said.

The court, thus, held there is sufficient indication that the deceased was aged about 45 years as per the post-mortem report which is a scientific assessment of the age of the deceased.

Considering the monthly income and multiplier within the parameters of the formula fixed in Sarla Verma Vs Delhi Transport Corporation, (2009), the apex court enhanced the total compensation to be paid by the insurance company with 7.5 per cent interest per annum from the date of filing of the claim till date of realisation, within two months.

"In undertaking the exercise of computation of compensation, we have verily reminded ourselves that the Motor Vehicles Act, 1988 is a beneficial and welfare legislation and it is our duty to award ‘just compensation'," the bench said.

The matter arose out of the death of Tarawati on February 07, 2003. It was stated that she was going on foot to the bus stand of village Sanjarwas Phogat, when the offending truck, being driven in a rash and negligent manner, crushed her.

On August 31, 2015, the Motor Accident Claims Tribunal awarded a compensation of Rs 4,31,680 along with interest at the rate of 7% per annum. The High Court partly allowed the appeal and enhanced the compensation only by Rs 1,65,081.