The Calcutta High Court has enhanced compensation awarded to the family of a deceased motor accident victim, holding that in the absence of conclusive evidence regarding age, courts and Motor Accident Claims Tribunals (MACTs) must rely on the age recorded in the post-mortem report rather than drawing presumptions from other documents such as pension records.
Justice Aniruddha Roy observed that a post-mortem report is based on a scientific assessment and expert medical opinion, and must be treated as the decisive guide for determining age unless contradicted by unimpeachable documentary evidence.
Case Facts
The case involved the family of Durga Prasad Sharma alias Bhattarai, a former primary school teacher under the Government of Sikkim, who died in a road accident on October 18 in the preceding year. His widow and other legal heirs filed a claim before the Motor Accident Claims Tribunal, which awarded compensation based on an age derived from pension records. However, the age in the post-mortem report was lower, which would have entitled the family to higher compensation.
The claimants appealed to the Calcutta High Court, seeking enhanced compensation on the basis of the age mentioned in the post-mortem report.
High Court’s Reasoning
Justice Roy held that when there is a conflict between the age indicated in the post-mortem report and age derived from pension records or other documents, courts should prefer the age recorded in the medico-legal report. The judge emphasised: “In such a situation where any doubt arises with regard to ascertaining the age of the deceased, the expert’s opinion being the said post-mortem report should be the sole guiding factor and must be taken as sacrosanct.”
The High Court held that the MACT had erred by relying on a presumption drawn from pension records rather than the medically determined age from the post-mortem report.
Compensation Enhanced by ₹13.8 Lakh
Based on the correct age as determined from the post-mortem report, the Calcutta High Court enhanced the compensation awarded to the family by ₹13.8 lakh, providing significant additional relief to the deceased’s dependants.
Significance
This judgment provides important guidance to MACTs and appellate courts on the evidentiary hierarchy when determining the age of deceased victims in motor accident claims. It underscores the primacy of scientific/medical evidence over administrative presumptions in determining facts crucial to compensation calculations.
Court: Calcutta High Court | Bench: Justice Aniruddha Roy | Source: LiveLaw | June 2026
