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The Legal Affair

Let's talk Law

The Legal Affair

Let's talk Law

Madras High Court Affirms Admissibility of Consular-Attested Foreign Employment Documents as Evidence

Madras High Court Affirms Admissibility of Consular-Attested Foreign Employment Documents as Evidence

Introduction:

The Madras High Court recently addressed the admissibility of documents related to foreign employment, emphasizing the validity of certificates attested by the Consular of India. In a case involving Oriental Insurance Company and Mrs. Ramzan Begam, the court deliberated on the acceptance of salary certificates without examination of the document’s author.

Arguments of Both Sides:

Oriental Insurance Company, represented by Mr. C. Jawahar Ravindran, contested the Motor Accident Claims Tribunal’s decision regarding the deceased, Akbar Ali’s income calculation and future prospects assessment. They argued against the adoption of the multiplier method and the conversion rate for foreign income. Conversely, Mrs. Ramzan Begam, defended by Mrs. A. Banumathy and Mr. S. Srinivasa Ragavan, supported the tribunal’s decision.

Court’s Judgement:

The court upheld the validity of salary certificates endorsed by the Consulate General, exempting the need for the author’s examination. It acknowledged the differences between foreign and Indian environments but held that the last known income should guide pecuniary loss computation. Following Sarla Verma’s case, it regulated the multiplier method and conversion rate, while adopting Shyamwati Sharma’s principles for notional income calculation. Consequently, the compensation amount was reduced, with the insurance company directed to deposit it within eight weeks.