The Madurai Bench of the Madras High Court recently observed that any document authenticated by the respective diplomatic and consular officer of a foreign country can be admitted as evidence in a case, even without the seal or sign of the employer, when the victim has met with an accident on Indian soil

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Tamil Nadu
Documents issued by consular office can be proof for foreign employment, says Madras HC
In July 2020, the tribunal had directed the insurance company to pay Rs 46.4 lakh as compensation in a road accident that claimed two lives, including that of one Akbar Ali.

Madurai Bench of Madras High Court(File photo | Express)
Express News Service
Updated on: 
15 May 2024, 9:08 am
2 min read
MADURAI: The Madurai Bench of the Madras High Court recently observed that any document authenticated by the respective diplomatic and consular officer of a foreign country can be admitted as evidence in a case, even without the seal or sign of the employer, when the victim has met with an accident on Indian soil.

A division bench of Justices RMT Teekaa Raman and PB Balaji stated the aforementioned on an appeal petition filed by Oriental Insurance Company Limited, against the order of the Motor Accident Claims Tribunal in Pudukottai. In July 2020, the tribunal had directed the insurance company to pay Rs 46.4 lakh as compensation in a road accident that claimed two lives, including that of one Akbar Ali.

A lorry, a private bus and a two-wheeler were involved in the accident, which took place in March 2016. The tribunal had concluded that the accident occurred due to rash and negligent driving by the bus driver. As the bus company had drawn an insurance policy from the aforementioned insurance firm, it was directed to pay the compensation.

The counsel for the insurance company stated that the deceased had different ages on the postmortem and death certificates. The tribunal took note of the salary certificate issued by a private company, where the deceased worked as a chief cook in a restaurant and was earning RM 3,000 per month in Malaysia, which did not have a seal or sign and fixed the notional income. The counsel sought interference in fixing the compensation.

Hearing the submissions, the high court refused to interfere on the notional salary of the person and said that the same proposition applies to any road transport accident that happens in India, even if the employer is in India or a foreign country.

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