Deposition by an expert
RajaRajachozhan
(Querist) 30 December 2016
This query is : Resolved
Is deposition by an Expert, as per Evidence Act, is allowed in the High Court hearing Pension matters ?, The Expertise involved is on such matters as - What is Pension?, How Pension is Calculated, Mortality and Interest Factor forming part of Pension calculations, etc.,(All technical matters)
Guest
(Expert) 30 December 2016
Discuss the case detail and also who wants to bring in the expert to depose?
RajaRajachozhan
(Querist) 30 December 2016
Thank you Sri Dhingra Sir,
The litigation is between the LIC Pensioner's Association and LIC of India. Upto 1987 the Pensioner's were paid 50% Dearness allowance and staff retiring after 1987 are being paid 100% DA. The affected pensioner's are contending that there is discrimination as per Sec 14 of the Constitution. The matter is in the High Court and all aspects relating to Pension may be asked by the Hon.Court. As an Expert ( preferably an Actuary) can explain technical details precisely and clearly, I am asking whether the Expert can depose on the part of the Pensioners?
Guest
(Expert) 30 December 2016
Dear Rajachozhan,
Actuaries may also be asked to testify as expert witnesses in various forms of litigation. Their testimony most often relates to the lifetime earnings an individual would have seen based on a variety of factors.
But, I don't think he can be considered as an expert in pension matters, specifically when the case pertains to discrimination between the pre-1987 and post-1987 pensioners.
However, if your association believes he can be of any service to the association to highlight the causes and background of discrimination, the association may request the HC for taking on record of the evidence of some well experienced actuary, as an expert.
