New Delhi, Oct 24: The Supreme Court on Thursday set aside an order of the Punjab and Haryana High Court which had accepted Aadhaar card for determining the age of a road accident victim to grant compensation.
A bench comprising Justices Sanjay Karol and Ujjal Bhuyan, therefore, said the age of the deceased had to be determined from the date of birth mentioned in the school leaving certificate under Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
"We find that the Unique Identification Authority of India, by way of its circular number 8 of 2023, has stated, in reference to an office memorandum issued by the Ministry of Electronics and Information Technology dated December 20, 2018, that an Aadhaar Card, while can be used to establish identity, is not per se proof of date of birth," noted the bench.
When it came to determining the age, the top court accepted the contention of the claimant-appellants before it and upheld the judgment of the Motor Accident Claims Tribunal (MACT) which calculated the deceased's age on the basis of his school leaving certificate.
The top court was hearing an appeal filed by kin of a man who died in a road accident in 2015.
MACT, Rohtak awarded a compensation of Rs 19.35 lakh which was reduced to Rs 9.22 lakh by the high court after noting the MACT had wrongly applied the age multiplier while determining the compensation.
The high court had relied on the deceased's Aadhaar card to calculate his age as 47 years.
The family contended the high court erred in determining the deceased's age on the basis of the Aadhaar card as his age, if calculated as per his school leave certificate, was 45 years at the time of death.
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Mumbai, Nov 25: Shiv Sena (UBT) MP Sanjay Raut on Monday demanded a re-election in Maharashtra using ballot papers, claiming there were irregularities with the electronic voting machines (EVMs).
Talking to reporters, Raut alleged several complaints about EVMs malfunctioning and questioned the integrity of the recently held elections.
The BJP-led Mahayuti won 230 out of 288 seats in the assembly elections, while the opposition Maha Vikas Aghadi managed 46 seats, with Shiv Sena (UBT) winning just 20 out of 95 seats it contested.
"We have received nearly 450 complaints regarding EVMs. Despite raising objections repeatedly, no action has been taken on these issues. How can we say these elections were conducted fairly? Hence, I demand that the results be set aside and elections be held again using ballot papers," Raut said.
Citing some instances, he said a candidate in Nashik reportedly received only four votes despite having 65 votes from his family, while in Dombivli, discrepancies were found in EVM tallies, and election officials refused to acknowledge the objections.
The Sena (UBT) leader also questioned the credibility of the landslide victories of some candidates, saying, "What revolutionary work have they done to receive more than 1.5 lakh votes? Even leaders who recently switched parties have become MLAs. This raises suspicions. For the first time, a senior leader like Sharad Pawar has expressed doubts about EVMs, which cannot be ignored."
Asked about the MVA's poor performance in the elections, Raut rejected the idea of blaming a single individual.
"We fought as a united MVA. Even a leader like Sharad Pawar, who commands immense respect in Maharashtra, faced defeat. This shows that we need to analyse the reasons behind the failure. One of the reasons is EVM irregularities and the misuse of the system, unconstitutional practices, and even judicial decisions left unresolved by Justice Chandrachud," he said.
Raut stressed that though internal differences might have existed within the MVA, the failure was collective.
He also accused the Mahayuti of conducting the elections in an unfair manner.
"I cannot call the elections fair given the numerous reports of discrepancies in EVMs, mismatched numbers, and vote irregularities across the state," Raut said.