A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Injury case – Permanent disability -- Both the legs of the claimant were fractured and he became paralytic remained admitted for a period of one and half month in Hospital -- Opinion of the doctor on record that the permanent disability suffered by the claimant is 75% -- Tribunal assessing the compensation by taking the disability as 25% is not at all correct -- Disability of the claimant should have been taken at 75% when the same has been described as permanent in nature by the doctor.

(Para 7)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Injury case – Pain and suffering -- On account of pain and suffering, only Rs.50,000/- has been awarded whereas, both the legs were fractured and the injuries were suffered on the other parts of body and claimant became paralytic and that too after remaining in hospital for a period of more than one month hence, under these circumstances, the claimant is entitled for compensation on account of pain and suffering @ Rs.1.5 lacs instead of Rs.50,000/-.

(Para 8)

C. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Injury case – Income tax return after accident – Reliance upon -- Accident took place in the month of February and the income tax return is always filed at the end of March of a particular year hence, filing of the return after the date of accident cannot be termed to be arbitrary -- Tribunal has rightly assessed the income of the claimant by taking into account the income tax return filed.

(Para 10)

D. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Injury case – Both legs fractured -- 75% permanent disability – Income assed as Rs.13,000/- by relying upon ITR -- 10% future prospects, multiplier of 11 applied -- Medical expenses Rs.4,38,538/- -- Total compensation awarded Rs. 23,82,238/- alongwith interest.

(Para 6-13)

A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Third party insurance -- Once the Insurance Company has deducted premium for third party, it cannot escape its liability -- Insurance Company is liable to pay the compensation to the claimants.

(Para 16)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166, 168 – Code of Civil Procedure, 1908 (V of 1908), Order 41 Rule 33 -- Compensation in motor vehicle accident case -- Non-filing of appeal -- Section 168 of the Act casts a statutory obligation on the Tribunal as well as this Appellate Court to award a compensation which is just and reasonable – High Court, therefore, must pass an appropriate order to deliver complete justice by awarding just and reasonable compensation while exercising powers under Order XLI Rule 33, in performance of its statutory duty imposed by Section 168 of the Act -- Appeal is an extension of the proceedings before the Tribunal – High Court exercised its power and discretion under Order XLI Rule 33 of the CPC read with Section 168 of the MV Act and moulded the relief which ought to have been granted by the learned Tribunal.

(Para 18-26)

Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Haryana Compassionate Assistance to the Dependents of the Deceased Government Employees Rules 2006, Rule 5(1) – Compensation in motor vehicle accident case -- Deduction of grant given to employee -- Deceased was employed as Head Constable in Police Department aged 37 years and his salary was Rs.21,927/- p.m. -- Addition of 50% made towards future prospects – Deduction of 1/4th towards personal and living expenses as dependent family members are four – Tribunal has rightly applied multiplier of 15 -- Compensation comes out to Rs.44,40,240/- (rounded off to Rs.44,40,375/-) – Insurance company is entitled to deduct amount receivable by the dependents of the deceased Government employee in terms of Rule 5(1) of Rules 2006 –  Financial assistance for a period of 12 years worked out to Rs.31,01,184/- (21,536 x 12 x 12) -- After deducting amount of Rs. 31,01,184/-, the balance comes out to Rs.13,54,191/- -- Interest granted by the tribunal @ 9% p.a., is somewhat on the higher side, same reduced to 7.5% p.a. Reliance General Insurance’s case 2016 (4) RCR (Civil) 569 = 2016(3) L.A.R. 509 = (2016) Law Today Live Doc. Id. 10991 relied.

(Para 14-19)

Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Major sons as claimant -- No evidence to prove the pecuniary dependence – Major sons of the deceased are not entitled to compensation.

(Para 8)

A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Assessment of income – Salary with dearness allowances -- Tribunal for the purposes of assessment of salary has taken net salary of Rs.45,841/- whereas the Tribunal should have taken the basic pay i.e. Rs.26,050/- + dearness allowance i.e. Rs.31,791/- of the deceased employee, which comes to Rs.57,841/- -- High Court recompute the salary of the deceased employee on the basis of Ex.A-13 (pay slip) as Rs.57,841/- per month.

(Para 7)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Dependency – Married daughter -- Married daughter of the deceased residing in her matrimonial home, for the purpose of assessing dependency, she cannot be considered as dependent of the deceased at the relevant time -- Considering the number of dependents on the deceased i.e. wife and two children, the Tribunal was justified in making 1/3 deduction towards personal and living expenses of the deceased.

(Para 8)

C. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Future prospects -- Deceased was aged 55 years -- 15% of his annual income ought to have been added to annual income.

(Para 11)

D. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Conventional heads -- Wife of deceased is entitled to be awarded Rs.40,000/- towards spousal consortium whereas appellants Nos. 2 to 4 are children of the deceased, therefore, each of them are entitled to be awarded a sum of Rs.40,000/- -- In addition, Rs.15,000/- awarded towards funeral expenses and Rs.15,000/- towards loss of estate.

(Para 12)

A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Tribunal dismissed the claim petition -- Summary finding that since final report of police u/s 173 Cr.P.C. was adduced in evidence as Exhibit but FIR was not placed on record, that FIR was not proved -- Ld. Tribunal further committed a manifest error in law in returning the finding that driver was wrongly arrayed as an accused which was completely beyond the scope of inquiry by the learned Tribunal – Ld. Tribunal erred in applying the standard of proof like a criminal trial -- Impugned award set aside and claimants held entitled to compensation.

(Para 9.1-10)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Deceased aged 16-year at the time of his death -- Ample evidence to hold that he was contributing an amount of Rs.1,500/- per month to the income of his father -- On completion of education, he would have worked whole time and earn more than that – Income assessed at Rs.15,00/- p.m. -- Future prospects 40% -- Deduction for personal expenses 50% -- By applying multiplier of 18, loss of dependency assessed as Rs.2,26,000/- -- Lost of Consortium for parents and brother Rs.1,32,000 /- -- Loss of estate & funeral expenses assessed as Rs.33,000/- -- Total compensation Rs.3,91,000/- -- Amount of compensation order to be release with interest @ 7% p.a from date of filing claim petition within 2  months, failing which additional of 3% interest from date of filing claim petition till if payment not made till payment.

(Para 10-12)

Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case -- Permanent disability -- Loss of income – Injured 25 years old -- 100% permanently disabled on account of complete paraplegia with bladder and bowel involvement – Income assessed as Rs.7600/- per month on the basis of minimum wages, addition of 40% towards future prospects, multiplier of 18 i.e. Rs.22,98,240/- awarded – Claimant-appellant, who is totally confined to bed, would be entitled to attendant charges @ Rs.7600/- per month x 12 (Rs.91200/- per year) x 18 = Rs.16,41,600/- i.e. the multiplier applicable in the case – Rs.2,00,000/- towards cost of transportation, special diet -- Loss of amenities of life enhanced to Rs.2,00,000/- -- Towards pain and suffering amount enhanced to Rs.5,00,000/- -- Amount awarded towards medicines and treatment is maintained – Total compensation assessed as Rs.60,39,533/- -- Enhanced amount of Rs.27,98,240/- shall also attract interest @ 7.5% per annum from the date of filing of the claim petition till realization of the amount.

(Para 3, 6-12)

Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case – Non-service of respondents – Dismissal of claim petition -- Despite multiple attempts, service could not be effected – Learned Tribunal has committed manifest error in law in summarily dismissing the claim petition without recording any finding qua the correctness or otherwise of the precise address mentioned in the memo of parties – Ld. Tribunal could have given another opportunity to petitioner for taking further steps to serve both respondents – Petitioner permitted to take further steps to serve respondents No.1 and 2 including through their learned counsel who is representing them before trial Court, in case arising out of FIR -- Ld Tribunal shall also allow petitioner to serve them dasti apart from Court processes.

(Para 5-8)

A. Motor Vehicles Act, 1988 (59 of 1988), Section 164 -- Compensation in motor vehicle accident case -- 16 years boy had lost his life in a road side accident -- Under Section 164 of the Motor Vehicles Act, a minimum compensation of Rs.5 lakhs is payable by the owner of the offending vehicle or the authorized insurer.

(Para 11)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Deceased 16 years old -- Help provided by the deceased to his father in his business and for rendering help in other family matters, assessed as Rs.5,000/- per month -- 40% added towards future prospects, notional income comes out to be Rs.7,000/- -- Deceased was a bachelor, deduction to the extent of 50% made as personal expenses – Multiplier of 18 used -- Rs.40,000/- under the head for loss of consortium, Rs.15,000/- as funeral expenses and Rs.15,000/- for loss of estate also awarded – Total compensation comes out to be Rs.8,26,000/- -- Tribunal awarded compensation of Rs.3,00,000/- -- Claimants entitled to enhanced amount of Rs.5,26,000/- with interest @ 7.5% per annum from the date of filing of the claim petition till actual realization of that amount.

(Para 12-20)

C. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Sale of vehicle – Liability of registered owner -- Unless there was change of ownership in record with regard to registration of the car, original owner remains liable and he cannot escape payment of compensation under such cover.

(Para 23, 24)

Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Recovery rights to Insurance company -- Driving license -- Driving licence of the offending vehicle was not produced on record either by the driver or the owner, the Insurance Company could not verify the genuineness of the same, therefore, there is a breach of the terms and conditions of the Insurance Policy -- Appellant/ Insurance Company entitled to recover the full amount of compensation paid by it to the claimants from the owner and driver of the offending vehicle.

(Para 10, 11)

Motor Vehicles Act, 1988 (59 of 1988), Section 166, 173 -- Compensation in motor vehicle accident case – Appeal by claimants – Aggrieved party – Driving License not renewed – Recovery rights -- Tribunal held that Insurance Company is not liable to indemnify --  Driving licenses of the driver of the offending vehicle was not renewed at the time of the accident -- It doesn’t mean that he was not skilled driver – Though owner of offending truck has not challenged the impugned order, it cannot be said that the claimants can’t challenge it -- Aggrieved person can file the Appeal – Appeal allowed, respondent-Insurance Company shall pay compensation along with accrued interest thereon and recover it from the owner of the vehicle.

(Para 11-15)

A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Husband, grown up sons and married daughters – Dependency of -- The word 'dependent' has a different meaning in different connotation -- Some may be dependent in terms of money and others may be dependent in terms of service -- It does not mean financial dependency only -- Dependency includes gratuitous service dependency, physical dependency, emotional dependency, psychological dependency which can never be equated in terms of money -- Children of deceased as well as her husband, ought not to be deprived of the compensation.

(Para 11)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Assessment of income – Street hawker/ House-wife -- Deceased-street hawker aged 45 years and was indulging in sale of bangles -- One of the sons of deceased as PW-1 deposed about the avocation, so followed by his deceased mother -- Likewise, the companion of the deceased, at the relevant time, who is an eye witness to the accident, has also deposed about said avocation – No evidence to the contrary led on the record – Thus by making some guess work, income from this avocation taken to be Rs.2,000/- per month -- Deceased, being wife and mother, should be contributing a lot towards household affairs, the value of services of the deceased in modest estimated to be Rs.2000/- per month – Addition of 25% for future prospects has to be made, income comes to Rs.5,000/- per month – Deduction of 1/3rd on account of personal living expenses -- By applying multiplier of 14 compensation for 'loss of dependency', comes to be Rs.5,60,112/- -- Loss of consortium Rs.2,20,000/- (Rs.44,000/-, not only for husband but also towards all the four children of the deceased), Rs.16,500/- as loss of estate and Rs.16,500/-, as funeral expenses awarded -- Total compensation comes to be Rs. 8,13,112/- -- Rs.4,13,112/- to be paid to husband and a sum of Rs.1 lakh each shall be paid to children.

(Para 12-19)

A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case – Injured 30 year old  runs a coaching centre -- Stiff knee with shortening would definitely have affected his performance – Permanent disability 51%, functional disability assessed as 25% -- Income as per income tax returns/ ITR Rs.4,00,000/- per annum which comes to about Rs.34,000/- (rounded off) per month -- Addition of 40% towards loss of future prospects awarded – Multiplier of ‘17’ allowed –  Total Compensation awarded Rs.35,48,608/- (Tribunal Rs.11,86,208 + Enhanced Rs.23,62,400) -- Enhanced amount of compensation shall also attract interest @ 7.5% per annum from the date of filing of the claim petition till realization of the amount.

(Para 13, 14)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case -- Injured 30 year old  -- “Fracture right femur with fracture right both bone leg with fracture right Patella with stiff knee with shortening.” -- Claimant-appellant was operated upon 08 times during the period of one year. Compensation for;

Pain and suffering -- Rs.2,00,000/-,

Loss of amenities of life -- Rs.2,00,000/-,

Special diet -- Rs.50,000/- and for  

Attendant charges Rs.86,400/- (minimum wages) for one year awarded besides other compensation.

(Para 13, 14)

Motor Vehicles Act, 1988 (59 of 1988), Section 166, 173 – Compensation in motor vehicle accident case – Wrong vehicle number in claim petition – Remand to MACT for correction -- Claimants gave registration No. of the truck as HR-38-7683 which probably was picked up from the F.I.R registered with regard to the accident otherwise in the remaining documents the registration of the truck is mentioned as HR-68-7683 – On account of a little carelessness on the part of the claimant while getting claim petition drafted, the whole confusion has arisen – Impugned Award set aside and case is remanded to Motor Accident Claims Tribunal, granting liberty to the claimants to correct registration number of the truck by moving an appropriate application there – Tribunal directed to complete the proceedings expeditiously preferably within a period of six months.

(Para 5)

Motor Vehicles Act, 1988 (59 of 1988), Section 140, 163, 164 – Compensation in motor vehicle accident case -- No fault liability – Compensation of Rs. 5 lacs for accident occurred before amendment of 2019 -- Tribunal in terms of Section 140 of the Act awarded Rs.50,000/- under no fault liability – Though Section 164 of the Act was not there at the time when the claim petition was adjudicated but it has come into being during pendency of the appeal -- It being a piece of welfare legislation is to be given liberal interpretation -- Therefore, the claimant found entitled to get compensation of Rs.5 lakhs instead of an amount of Rs.50,000/- with interest @ 7.5% per annum from the date of filing of the claim petition till actual realization

(Para 10-16)

Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Insurance premium paid – Insurance policy made effective from next day – Accident during interregnum period – Liability of Insurance company – Held, Court unable to persuade itself as to how once the Insurance Company having received the entire premium, it could thereafter convey unilaterally that the policy would come into operation from the next following date by sending it through Post, and to turn around and say that insured had agreed and consented to the same coming in operation w.e.f. the next day of having paid premium – Held, once amount was accepted by Insurance Company from insured, thereafter it was merely a formality of conveying terms and conditions of policy in the event of vehicle meeting with an accident.

(Para  3-10)

Motor Vehicles Act, 1988 (59 of 1988), Section 163-A -- Owner’s insurance – Personal accident cover – Borrower of vehicle’ right -- LRs of the deceased borrower of the vehicle entitled to claim compensation on account of personal accident cover as taken out by the owner of the vehicle from the Insurance Company -- Payment of Rs.1,00,000/- along with interest @ 7.5% as ordered by the learned Motor Accident Claims Tribunal ordered to be remitted to the respondents-claimants within 04 weeks by registered post.

(Para 3)

A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case – Dependency of brother/ claimant – Presumption of independent income of claimant – Bald averment/ statement by claimant/respondent.1 that the deceased was contributing his entire income for the welfare of the claimant and his family, however, there is not a smidgen of evidence on record in support of this contention – a) there is no proof on record that the claimant and his family were entirely dependent on the income of the deceased; b) there is no proof that the deceased was contributing his entire income to the claimant; c) on the contrary the claimant has admitted that he along with the deceased was returning after doing labour work when the accident happened; d) the claimant was also looking after the deceased prior to his death – Held,  presumption is that he would have his own independent source of income.

(Para 16)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166, 173 -- Compensation in motor vehicle accident case – Recovery of paid compensation -- Amount of compensation already released to the claimant/respondent ordered not to be recovered.

(Para 19-21)

A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case -- Future medical expenses -- 95% disability – It would require physiotherapy services throughout his life, the compensation awarded by the High Court at Rs. 3,00,000/- appears to be less – Physiotherapy charges at the rate of Rs. 150/- per day with multiplier of 18, the charges for future medical expenses (physiotherapy) would come to Rs. 9,72,000/- are just and proper.

(Para 17)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case -- Transportation charges -- Considering the medical condition of appellant-A who had suffered 95% disability and appellant-S who suffered 70% disability would require extra use of transportation even for going to short distances -- It would be just and proper to award Rs. 50,000/- and Rs. 25,000/- to the appellants A and S, respectively as transportation charges.

(Para 19)

C. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Pain and suffering -- Amount of Rs. 5,00,000/- appears to be just for the appellant-A (95% disability) and Rs. 2,50,000/- to the appellant-S (70% disability) under the aforesaid head.

(Para 20)

D. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Loss of marriage prospects -- Appellants considering their medical conditions, deserve to be suitably compensated for under the head ‘loss of marriage prospects’ – Appellant-A (95% disability) awarded Rs. 3,00,000/- under this head, whereas appellant-S (70% disability) awarded Rs. 1,50,000/-.

(Para 21)

E. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Attendant for life -- Appellant-A (95% disability) because of his medical condition, cannot even stand or walk on his own and would therefore, require an attendant all his life -- Rs. 5,000/- per month for whole time attendant, applying the multiplier of 18, an amount of Rs. 10,80,000/- would be just and proper compensation under the aforesaid head.

(Para 22)

F. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Medical conditions of both appellants (95% and 70% disability) would be requiring special diet supplements assessed at Rs. 1,00,000/- each.

(Para 23)

Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case – Excess passengers -- Recovery rights to Insurance Company -- Appellant was driving the three-wheeler rashly and negligently and with passengers much in excess of the permissible limit thereby rendering the vehicle unstable and un-maneuverable, more so, on account of the appellant/driver sharing his seat with another passenger -- Appellant cannot escape liability -- Tribunal held liable Insurance Company to make payment of compensation to the claimants/respondents and to recover the same from the owner -- No infirmity in the impugned awards, the appeals dismissed.

(Para 2, 9)

Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case – Assessment of income – Minimum wages for skilled workers – Deceased was doing tailoring and embroidery work though no documentary evidence led -- Minimum wages was Rs.11,517/- p.m. for skilled workers and D.C. rates was Rs.14,900/- p.m. in the year 2019 – Income of Rs. 14,000/- assessed by Tribunal, upheld.

(Para 5,6)

A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case -- Injury case – Pillion rider – Delay in DDR – Though any aspect of criminal case is irrelevant in itself for the purpose of maintainability of the claim petition, however, the police proceedings, if any, can be used only as a collateral aspect, to a limited aspect to show that the accident, in fact, had taken place – Tribunal is required to decide the claim petition as per the evidence led before it without being influenced by any police records -- Any alleged delay in lodging DDR is totally an irrelevant fact.

(Para 3, 5-10)

B. Motor Vehicles Act, 1988 (59 of 1988) Section 166 – Compensation in motor vehicle accident case -- Injury case – Pillion rider – Pillion driver is entitled to maintain claim petition and get compensation. Shiv Lochan Singh’s case 2018 (1) R.C.R. (Civil) 559 relied.

(Para 8, 9)

Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Head injury – Tribunal awarded Rs. 25,000/- lumpsum amount -- In the Discharge Slip it has been stated that the claimant-appellant, who was 17 years of the age at the time of the accident, remained admitted in hospital from 18.06.2003 to 23.06.2003 on account of head injury -- No other evidence qua the amount spent during the course of hospitalization – Court deemed it appropriate to enhance the compensation to Rs.2 lakh -- Amount of enhanced compensation shall carry interest @ 6% per annum from the date of filing of the claim petition till the date of realization.

(Para 5, 6)

A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Assessment of age -- Deceased aged 36 years as per the post mortem report -- In the absence of any evidence to the contrary, the age of the deceased is taken as 36 years.

(Para 14)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Share of mother -- 5 claimants/dependents, 1/4^th deduction for personal expenses -- Deceased was aged 40 years, addition of 40% ought towards future prospects -- Multiplier of ‘15’ ought to have been applied -- Claimant-appellants would be entitled to an amount of Rs.16,500/- towards loss of estate, Rs.16,500/- towards funeral expenses and Rs.44,000/- each under the head of consortium – Total amount of Rs. Rs.11,98,000/- awarded – Enhanced amount shall carry interest @ 7.5% from the date of filing of the claim petition till realization -- Mother of the deceased would be entitled to 10% of the amount and the remaining amount would be shared equally.

(Para 14)

A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Standard of proof -- Section 166 of the Motor Vehicles Act is a piece of welfare legislation -- Strict rules of evidence and procedure are not applicable -- Standard of proof in a criminal case is very strict since life and liberty of a person is involved, as such the prosecution is required to prove its charge against the accused beyond a shadow of reasonable doubt -- While dealing with cases of civil nature, the yardstick to be used is preponderance of probabilities.

(Para 16)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Cancellation report in FIR by police – Effect of -- Tribunal is to reach its own conclusion in the matter and is not bound by the result arrived at by the investigating agency.

(Para 18, 19)

A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Delay in FIR – Cases under the Motor Vehicle Act, 1988 are to be decided on the touch stone of probabilities – Once the factum of accident has duly been proved, merely because there was a delay in lodging the FIR the claim petition cannot be rejected.

(Para 9)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Validity of driving license – Contention that Driver of the offending vehicle was not holding a valid driving license deserves to be rejected in view of the fact that the owner of the offending vehicle deposed that he had employed respondent No.4 as a driver after seeing his driving license and had also taken his driving test and was only after he was satisfied and after believing that the driving license to be genuine that he employed him as a driver.

(Para 10)

C. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Contributory negligence -- Three riders on motor cycle -- Merely because the rider of the motor-cycle was riding the motor-cycle along with two others would not make him guilty of contributory negligence unless it is established that his act of riding alongwith two others contributed to the accident in any manner.

(Para 12)

A. Motor Vehicles Act, 1988 (59 of 1988), Section 163-A – Compensation in motor vehicle accident case – Husband/owner driving vehicle met with an accident, wife died – Claim petition by legal heirs – Rs.5,00,000/- alongwith 6% interest p.a. awarded by Tribunal u/s 163-A of MV Act – Plea by the appellant-Insurance Company that the deceased, being the wife of a tort feaser, could not be considered a third party and Insurance Company cannot be called upon to indemnify the insured-husband who himself was negligent in causing the accident does not hold substance -- Claimants being children are fully vested with lawful rights to claim compensation on account of death of their mother.

(Para 7)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 163-A – Compensation in motor vehicle accident case – Comprehensive policy -- Insurance Company is liable to pay the compensation even if deceased is considered to be the owner of the vehicle.

(Para 9)

Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case – Bachelor deceased aged 24 years -- Constable with the Punjab Police -- Amount equivalent to 50% of the monthly salary of the deceased is to be added for future prospects -- 50% of monthly salary, to be deducted towards his personal expenses -- Annual dependency, so arrived, would be Rs.1,260 x 12 = Rs.15,120/- -- Multiplier of ‘18’, the said amount comes out to be (Rs.15,120x18) = Rs.2,72,160/- -- Loss of filial consortium to parents (44,000X2) = Rs.88,000/- -- Loss of Estate Rs.16,500/-, Funeral Expenses, Rs.16,500/- awarded – Enhanced compensation of Rs.3,32,680/- over and above the amount of Rs.62,480/- as already awarded by the Tribunal shall carry the interest @ 7.5% per annum from the date of the filing of the claim petition till its realization and except the amount of filial consortium.

(Para 8-12)

A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – FIR without details of vehicle and driver – Delay in FIR -- Effect of -- FIR lodged regarding the accident not containing the registration number of the truck and its other particulars as well as details of the driver, can certainly be not taken to be a suspicious circumstance -- It need not contain the details of the incident/accident including the manner it took place; the vehicle which caused the accident; the person, who was driving such vehicle etc. -- It is a matter of investigation -- Though prompt lodging of the FIR is desirable but some delay in doing so does not mean that the version given in the FIR is to be disbelieved outrightly, if convincing explanation for the delay is given -- Some delay in lodging of the FIR may be a relevant factor in a criminal case but not in proceedings u/s 166 of the Motor Vehicles Act.

(Para 17-20)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Nature of evidence -- Tribunal determining such compensation payable is not expected to adopt very rigid and restricted procedure -- Flexibility in the matter is required.

(Para 20)

C. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Collusive claim petition – Allegation of -- Owner and driver filed joint written statement denying that the truck in question had caused any accident -- Witnesses examined by the claimants had been put to cross-examination on their behalf -- Mere fact that respondent No.1/ driver had not stepped into the witness-box to depose on oath the version of the respondents No.1 and 2 in the written statement, rather shows that the evidence adduced by the claimants on the issue has gone unrebutted but then respondent-insurance company also did not make any effort to get his statement recorded by asking him to appear in the witness-box for that purpose – Driver was challaned for causing the accident -- He was arrested in this case and was charge-sheeted -- Truck in question had been seized by the police -- Therefore, no different view can be taken with regard to verdict given by the Tribunal in favour of the claimants and against respondents on the issue.

(Para 21)

D. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Major children -- Appellants-children of the deceased were denied share in the compensation for the reasons that sons of deceased had attained the age of majority and his daughter had been married off – Held, Tribunal clearly fell in error in doing so -- Even major married and earning sons of the deceased being legal representatives have a right to apply for compensation in case of accidental death – Compensation order to be distribute to Wife as 55%, two sons and one daughter 15% each. Birender’s case 2020 AIR(SC) 434 relied.

(Para 24)

A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case – Assessment of income of deceased -- Notional income -- Though the deceased died at the young age of 22 years and was not earning anything at that point of time, however, while making the assessment of income, the further economic loss has to be made after considering various factors like educational qualification and family background etc.

(Para 6)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case – Assessment of income of deceased – Notional income – Future prospects -- Deceased aged 22 years was pursuing Bachelor of Computer Application -- An inference can also be drawn from minimum rates of wages for highly skilled labour in the State of Haryana in the year 2015 which was around Rs.9,700/- per month – Deceased’s income ought to have been assessed @Rs 13,000/- per month -- Grant of future prospects cannot be denied to deceased who, though was not earning anything at the time of his accident and his income was assessed notionally – Future prospects @ 40% awarded.

(Para 6-10)

C. Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case – Bachelor-deceased 22 years old – Deduction of personal expenses -- Claimants are his elder brothers and sister, therefore, deduction of ½ upheld.

(Para 11)

D. Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case – Conventional heads -- Claimants are brothers and sister of deceased -- Claimants entitled for Rs.16,500/- as compensation under the head of funeral expenses as well as a sum of Rs.16,500/- towards loss of estate.

(Para 12)

E. Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case – Loss of consortium -- Claimants are brothers and sister of deceased – Filial consortium is not only restricted to the parents but it is wide enough to include siblings as well -- Furthermore, young brothers and sisters need each other’s strength and association in their everyday life to offer common experiences and unfortunate death of any of the siblings is likely to be traumatic and harmful -- Rs.44,000/- each is required to be awarded on account of ‘Loss of consortium’ to respondents No.1 to 4 who are brothers and sister of deceased.

(Para 14)

F. Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case – Interest -- Notional income assessed -- Claimants are brothers and sister of deceased – Deceased aged 22 years was pursuing Bachelor of Computer Application -- Interest @ 7.5% per annum is not just in view of facts and circumstances of the case -- Interest needs to be enhanced to 9% per annum on the amount of compensation awarded to the claimants from the date of institution of claim petition till its realization.

(Para 7, 18)

A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Assessment of income of deceased – Future prospects -- Accident on 03.04.2015 – Deceased aged 35 years was working as a meson and owned about 1 ½ killas of land, where he was sowing vegetables, which he was selling – Rs.6,000/- per month assessed by the Tribunal is on lower side -- It would be proper and appropriate to take monthly income of the deceased to be Rs.10,000/- per month -- Addition of 40% is to be made towards future prospects -- Monthly income of the deceased is taken as Rs.10,000 + 4,000 = Rs.14,000/-.

(Para 10, 20, 21)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Deduction for personal expenses -- Dependent family members five, i.e. four of the claimants and 5th mother of the deceased arrayed as proforma respondent No.4 -- Deduction towards self-expenses is to be taken as 1/4th.

(Para 22)

C. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Multiplier – Deceased aged 35 years -- Multiplier of 16 awarded by Tribunal upheld.

(Para 21, 23)

D. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Loss of estate – Rs. 15,000/- awarded.

(Para 25)

E. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Loss of consortium – Dependent family members five, i.e. four of the claimants and 5th mother of the deceased arrayed as proforma respondent No.4 -- Rs.40,000 x 5 = Rs.2,00,000/- awarded.

(Para 22, 25, 26)

F. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Funeral expenses -- Rs. 15,000/- awarded.

(Para 25)

G. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Interest upon -- Claimants would be entitled to get interest @ 7.5% per annum from the date of filing of the appeal till actual realization on the enhanced amount of Rs.12,32,000/-.

(Para 28)

H. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Distribution of – Share of Widow enhanced to 40% of the compensation amount, whereas remaining claimants No.2 to 4 would get 20% of the compensation amount each -- They are minors, therefore their shares be deposited in the form of FDR with some nationalized bank for the period till they attained majority.

(Para 29)

I. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Non-registration of vehicle – Effect of -- Car in question was having temporary registration number and after lapse of statutory period, the regular registration number of the car was not got issued within time – Insurance company can certainly be not absolved of its liability to pay compensation to claimants, who are third party for any alleged violation of terms and conditions by the owner.

(Para 31-35)

A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Delay in FIR – Compromise talks as a ground -- Explaining the delay in lodging of the FIR that compromise talks were going on with respondent no. 1/ Driver seems to be quite fair and reasonable.

(Para 6)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Presumption of rash and negligent driving -- FIR registered against respondent no. 1/Driver and he faced trial -- Presumption should have been that the accident occurred due to the rash and negligent driving by the respondent no. 1/ Driver -- Obligation was on driver/ respondent no. 1 to appear before the learned Tribunal and explain.

(Para 7)

C. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Amputation of leg – Functional disability -- Though the permanent disability was only 25%, however, considering the nature of work being performed by a laborer, having an amputated leg would substantially affect her working efficiency and therefore, functional disability is assessed @ 50% -- Minimum wages in 2011 were approximately Rs.4,500/- per month taken as her monthly income -- Bills of approximately Rs. 5,000/- brought on record, appellant remained hospitalized in General Hospital, Mandikhera for 12 days and she was operated upon in Palwal Hospital where she remained admitted for 1 day -- Under all pecuniary headings cumulatively (including attendant charges, transportation, special diet, medical expenses, etc.) Rs. 30,000/- awarded -- Under all non-pecuniary headings cumulatively (including disability, pain and suffering and loss of amenities and enjoyment of life etc.) Rs. 50,000/- awarded – Total Compensation assessed as Rs.2,69,000/- -- Interest enhanced to 9% per annum from the date of institution of claim petition till realization.

(Para 10-16)

Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Deceased house-wife – Notional income as skilled labour – Personal expenses not to deduct -- Future prospects – Consortium -- Notional income of house-wife shall be assessed at least equal to a skilled labourer which in Haryana at relevant time was approximately Rs. 9,000/- per month -- Services rendered by the deceased towards the family members, assessment is equivalent to contribution towards family, no deduction is required to be made -- Deceased was 35 years at the time of accident, future prospects awarded @ 40% -- Parental consortium to two children Rs 88,000/- (Rs.44,000/- each) awarded -- Rs.16,500/- each on account of funeral expenses as well as loss of estate awarded.

(Para 6-10)

A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Acquittal in criminal case – Injured witness hostile in criminal case, supported the case of claimant before tribunal --  Effect of -- Respondent No.1/ driver was found to be culprit by the police during investigation and faced trial and not stepped into the witness-box to depose that he had not caused the accident by rash and negligent driving -- Insurance company did not examine driver or owner of the offending car – Judgment of a criminal Court is not binding upon the Civil Court or Tribunal under motor vehicular accident -- Insurance Company cannot take advantage of such fact – Award of Tribunal upheld.

(Para 14-22)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Details in FIR missing -- FIR cannot be rejected for the reason that details of the accident including registration number of the vehicle causing the accident, its make, colour design etc. are not mentioned and description of the driver as well as name and address are not there.

(Para 20)

C. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Delay in FIR -- If there is some delay in reporting the matter to the police, that is not fatal in every case because if some reasonable explanation is given for the delay then it is not taken adversely -- Delay may be a relevant factor in a criminal case but it does not have much significance in proceedings before the Tribunal.

(Para 20)

Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Deceased bachelor -- Future prospects – Deduction for personal expenses -- Victim was 23 years old, permanently employed as a Constable, the compensation was to be assessed while taking into account the future prospects of the victim -- Deceased was unmarried and the claim petition was allowed only in respect of claimants-parents and unmarried sister, whereas qua the other married sisters, it was held that they are not entitled to seek any compensation – Addition of 50% towards future prospects would serve the ends of justice and the deduction to the extent of 1/3rd therefrom towards personal expenses found justified – Total compensation enhanced to Rs.33,20,600/- payable with interest.

(Para 15, 16)

Motor Vehicles Act, 1988 (59 of 1988), Section 140, 166 – Code of Civil Procedure, 1908 (V of 1908), Order 41 Rule 27, Section 151 – Compensation in motor vehicle accident case -- Offending vehicle/ Tractor registered for agricultural purpose – Jamabandi as additional evidence -- Tribunal concluded that the offending vehicle was being used for commercial purposes as neither jamabandi nor any other evidence produced – Submission that jamabandi for the year 2015-16 is not relevant as accident is of the year 2017, is misconceived, as the validity of all Jamabandi is for a period of five years -- Second contention that appellant No. 2 owns only one acre of land and therefore, it is improbable that the offending vehicle was being used for cultivating the said land, is rejected being vague and conjectural – Held, ld.  Tribunal has wrongly fastened the liability upon the appellants/owner-driver.

(Para 12)

Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case – Assessment of income of deceased – Notional income – Home-maker -- Accident occurred in 2019 – Rs.9000 assessed as notional income of deceased -- Concept of deduction cannot be applied -- 1/3rd deduction not warranted.

(Para 7, 8)

A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Permanent disability – Loss of income -- Amputation of the lower right limb, a fracture in the medial wall of the bilateral orbit, crush injury right leg, fracture tibia right leg, exposed vessels and other injuries -- Appellant suffered 70% disability, however the High Court held that appellant suffered 35% loss in future earnings due to the disability – Appellant is not a salaried person but is self-employed who manages his business -- Functional disability of the Appellant will severely impact his earning capacity, and the 35% functional disability calculated by the High Court is incorrect, loss of future earning capacity must be calculated at 60%.

(Para 16)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Permanent disability – Loss of income -- Future prospects – Injured/appellant aged 37 years -- “just compensation” must be interpreted in such a manner as to place the claimant in the same position as he was before the accident took place – Even if the income of the Appellant had increased after the accident, it would not be enough grounds to disable the Appellant from claiming compensation for future prospect as the rise in income may be attributed to multiple other factors – 40% addition of future prospects given.

(Para 21)

C. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Amputation of the lower right limb -- Prosthetic leg -- High Court awarded a compensation of Rs.5,20,000/- for the prosthetic limb and Rs.50,000/- towards repair and maintenance -- Cost of the prosthetic limb itself is Rs. 2,60,000/- and the life of the prosthetic limb is only 5-6 years -- Prosthetic limb also requires repair and maintenance after every 6 months to 1 year, and each repair costs between Rs.15,000 to Rs.20,000/- -- Prosthetic limb would last the Appellant for only 15 years under the current compensation -- Appellant was only 37 years at the time of the accident, and it would be reasonable to assume that he would live till he is 70 years old if not more -- For the Prosthetic limbs alone, the Appellant is to be awarded compensation of Rs. 7,80,000 and for maintenance of the same he is to be awarded an additional Rs. 5,00,000/-.

(Para 22, 23)

D. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Amputation of the lower right limb -- Pain and suffering – Loss of amenities -- Disability and disfigurement -- Non-pecuniary damages of Rs. 3,00,000/- in total, considering the nature of the permanent disability caused by the accident and the effect it will have on the appellant’s life, is inadequate – Compensation for pain and suffering-Rs.2,00,000/-, Loss of Amenities of Life-Rs.2,00,000/-, Disability and disfigurement-Rs. 2,00,000/- awarded.

(Para 26)

A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case -- Delay in FIR – While adjudicating upon a claim petition delay cannot be given undue importance – Driver sent to face trial -- Oral and documentary evidence adduced by the claimants gone unrebutted -- Driver did not appear in the witness-box – Driver closed his evidence after tendering copy of his driving licence and copy of registration certificate of the offending vehicle -- Therefore, it cannot be said that the offending vehicle was not involved in the accident and it has been roped in later on.

(Para 13)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Details in FIR -- In the FIR neither the name of the driver nor type of the vehicle mentioned – Held, FIR is not a substantive piece of evidence and its only purpose is to set the criminal machinery in motion -- It is only during investigation of the case that police can come to know about the culprit / criminal, who had committed the crime -- Therefore, non-mentioning of type of vehicle and name of driver, which had caused the accident does not help the insurance company in developing its case that the offending vehicle had not caused the accident and was planted wrongly just to get the compensation.

(Para 14, 15)

C. Motor Vehicles Act, 1988 (59 of 1988), Section 9, 166 -- Compensation in motor vehicle accident case -- License from Nagaland -- Driver permanent resident of Haryana – Contention of Insurance company that as per Section 9 of the M.V. Act, he could not have obtained licence from Nagaland; secondly the Licencing Authority, Nagaland had issued notification vide which the licences needs to be converted into smart card, further the licence of the driver is not smart card and should be considered as invalid at the time of accident, Tribunal not accepted this plea of the appellant insurance company – High Court do not see any reason to disagree with the Tribunal on that point -- Insurance company cannot take advantage of this fact and start denying liability under the award.

(Para 15-19)

A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Compensation should be justly determined -- A person is not only to be compensated for the injuries suffered due to the accident but also for the loss suffered, on account of the injury and his inability to lead the life, he/she led prior to the life altering event -- It should always be kept in mind that the measure of compensation must reflect a genuine attempt of the law to restore the dignity of the being -- Courts should strive to provide a realistic recompense, having regard to the realities of life, both in terms of assessment of the extent of disability and its impact, including the income generating capacity of the claimant and not only that, even the impact of the accident on his/her life, on account of the disability, so suffered -- Courts should be mindful of the fact that though, the physical disability may be on the lesser count, but the functional disability, on account of injury sustained, can always be on higher side.

(Para 9-11)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case --  60% of the disability in left hand -- Ex-Army personnel aged 49 years at the relevant time -- Considering army background, re-employment also would have been quite respectable -- Earnings taken to be Rs.4,000/- -- Addition of 40% made on the count of future prospects and multiplier of '13' given, the income comes to Rs.8,73,600/- -- Disability not stated to be permanent – Held, even if, it has not been so stated, appellant-claimant had suffered injury on his left hand and both the bones were fractured, for which he had undergone operation and an iron rod had been inserted in his left hand -- Restricted movement of elbow and left wrist and there being partial loss of strength of left hand, the whole body, the functional disability, as such, can conveniently be taken to be 40% -- Therefore, by multiplying the income with 40% of the disability, as per standard multiplier process, the loss is assessed as Rs.8,73,600 x 40% = Rs.3,49,440/-.

(Para 12-16)

C. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Disability certificate – Non-examination of doctor – Effect of -- None of the doctors had been examined to prove the disability certificate – Held, since, it is a summary proceeding, the said certificate having been tendered into evidence, as such, cannot be discarded.

(Para 15)

Motor Vehicles Act, 1988 (59 of 1988), Section 149(2), 166 – Compensation in motor vehicle accident case – Recovery rights -- Validity of license – Burdon of proof -- Burden is on the insurer to establish breach of policy by leading cogent evidence and mere non-production of licence or evidence by the insured cannot be considered as discharge of burden of insurer -- Vehicle carrying dangerous and hazardous goods – Accident took place when oil tanker was parked and not in motion, which has nothing to do with specialized training to drive oil tanker – Lack of endorsement cannot be taken to be the main cause for happening of the mishap – Recovery rights granted to Insurance company withdrawn.

(Para 14-18)

Motor Vehicles Act, 1988 (59 of 1988), Section 163-A -- Claim petition under Section 163-A of MV Act – Future prospects – Tribunal has rightly observed that no amount can be added in the income of the deceased towards future prospects -- Future prospects or any other additional non-pecuniary heads find no place and compensation in a Claim Petition u/s 163-A of the Act is to be strictly computed on the structured formula provided in the Second Schedule to the Act.

(Para 9-14)

A. Motor Vehicles Act, 1988 (59 of 1988), Section 173 -- Limitation Act, 1963 (36 of 1963), Section 5 – Appeal by owner -- Delay of 376 days – Condonation of delay -- Application is silent as to when the applicant-appellant contacted his counsel to know about the date of award or when he got the appeal prepared -- Application for condonation of delay dismissed.

(Para 6)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 39, 192, 166 – Compensation in motor vehicle accident case – Expiry of registration of transport vehicle -- Recovery rights from owner -- If the vehicle is driven/ used without a valid registration, it amounts to violation of Section 39 and 192 of the Motor Vehicle Act, 1988, which is a fundamental breach of the terms and conditions of the policy -- Tribunal did not commit any error in granting recovery rights to the Insurance Company.

(Para 9-13)

Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case – Non-mentioning of vehicle number in FIR – Effect of -- As regards non-mentioning of the particulars of the offending car and those of its driver in the FIR, it is to be taken into view that the FIR is not a substantive piece of evidence and its only purpose is to set the criminal machinery in motion -- FIR may not contain the minute and precise details of the incident -- FIR can be got registered by a person, who may not be an eye-witness of the same -- It is only during investigation of the case that police can come to know about the culprit, who had committed the crime -- Therefore, non-mentioning of the details with regard to the offending vehicle and its driver in the FIR do not affect the case of the claimants adversely.

(Para 9)

A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case -- Permanent disability -- Disability certificate verified by S.M.O. and Ortho Surgeon, Civil Hospital, Rohtak, who while appearing as PW-8 categorically deposed that patient has become mentally retarded- IQ 58% and suffered 100% permanent disability in relation to whole body – Ld. Tribunal fell into an error while assessing the functional disability to the extent of 50% -- Notionally assessed income of Rs.10,000/- per month kept intact -- Appellant/ claimant being 20 years of age, future prospects @ 40% should also be granted – Rs.1 Lakh is awarded under the head of future medical treatment which shall cover expenses for special diet as well as transportation -- Rs. 8,64,000/- awarded towards Attendant charges -- As the disability in this case is 100%, Rs.6 Lakhs compensation is granted under non-pecuniary heads -- Rs.2 Lakhs is granted for loss of marriage prospects – Total of compensation comes to Rs.48,05,142/- -- Interest enhanced to 9% per annum on the amount of compensation awarded to the claimants from the date of institution of claim petition till its realization.

(Para 9-20)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case -- Permanent disability – Attendant charges for whole life -- Appellant/ claimant mentally retarded/ IQ 58% and suffered 100% permanent disability in relation to whole body -- Attendant charges calculated on the basis of multiplier method -- Assuming the attendant charges at the nominal rate of Rs.4,000/- per month and applying the multiplier of 18, it comes to Rs. 8,64,000/- (4000 X12 X 18).

(Para 11-13)

A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case – Permanent disability -- Functional disability – Failure to re-examine medically – Adverse inference -- High Court directed re-examination to know physical condition as on date -- Medical condition on the date of accident remains undisputed and was assessed to have suffered 9% disability qua whole body -- There is no challenge to this finding by the respondents -- If the claimant failed to get himself re-examined, no adverse inference can be drawn against him.

(Para 11)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case -- Permanent disability -- Functional disability – Loss of future earning -- Assessment of compensation under the head ‘loss of future earning’, would depend upon the effect and impact of such permanent disability on earning capacity – Assessment is not to be done mechanically only on the percentage of physical disability – Age, profession, nature of work, and the related factors, as well as the permanent disability suffered need to be taken into account for that purpose.

(Para 14)

C. Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case – Injury case -- Permanent disability -- Functional disability – Loss of future earning -- Accident on 7.5.1994 -- Income taken as Rs. 5,000 per month -- Disability of 15% qua the affected limb has been found to be 9% qua the whole body -- At the time of accident, he was 42 years of age, and in active practice as an advocate before High Court -- Disability suffered, leading to shortening of leg by ½ inch, and the resultant difficulty in running, squatting and free movements to the claimant, would naturally have affected his professional life as well as the earning capacity – Loss of earning capacity treated as 10% of the assessed income -- Multiplier of 14 applied – Appellant-claimant held entitled to Rs. 84,000 as compensation for loss of future earnings with interest at the rate of 9% per annum from the date of filing the claim petition till its actual realization.

(Para 14-16)

Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Fake driving license -- Renewal of fake driving license – Liability of Insured-owner -- Merely because the driving license of the driver is fake, would not be a sufficient ground by itself to absolve the insurance company of its liability to indemnify the insured -- Driving license periodically renewed -- It can be safely inferred that owner while employing driver, had not only satisfied himself about his driving skills but also qua the validity of his driving license -- Owner could not be expected to carry out a roving enquiry into the authenticity of the driving license, more so, when driving license in question had been regularly renewed -- Insurance company is held liable to indemnify the insured  and pay the amount of compensation to the claimants.

(Para 12)

A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Future prospects -- Future prospects were not taken into account while fixing the ‘multiplicand’ -- Deceased was aged 32 years at the time of his death and was working as a Head Constable in the RPF – 50% of the actual salary of the deceased is to be added while determining the income for calculation purpose.

(Para 8, 9)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Deduction for personal expenses -- Three dependents – Taking into account the number of dependents in the family viz., three, 1/3rd of the monthly income was to be deducted towards the personal and living expenses of the deceased.

(Para 11)

C. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Multiplier – ‘Multiplier’ with reference to the age group of the deceased viz., between 30 and 35 years taken as 16.

(Para 12)

D. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Parental consortium – Love and affection -- Amount payable under the head ‘parental consortium’ shall not exceed Rs. 40,000/- qua a single child -- Rupees One lakh each granted by the High Court to Appellants 2 & 3 under the head ‘love and affection’ require to be deducted and at the same time, Rs. 40,000/- each, out of it can be granted, rather, adjusted against ‘parental consortium’ grantable to the minor children.

(Para 20)

Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident -- Deceased 28 years of age – Notional Income -- Future prospects – Consortium – Funeral expenses and loss of estate – Claimants are wife, minor daughter, father and sister of the deceased -- Notional income considered as 6,500/- per month, 40% added towards future prospects -- 1/3rd deducted towards personal expense – Multiplier of 17 applied – Claimant also held entitled to Rs. 40,000/- towards parental consortium for minor child; Rs. 40,000/- towards wife and Rs. 40,000/- towards filial consortium for the father totaling Rs. 1,20,000/- -- Claimants shall also be entitled to Rs. 30,000/- under the conventional head (funeral expense and loss of estate) -- Appellants held entitled to a total sum of Rs. 13,78,790/- with interest @ 7.5% p.a. from the date of filing of the claim petition till realization towards the compensation for the death of the deceased.

(Para 4,5)

A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Deceased child aged 12 years -- As per the ocular statement of the mother of the deceased, it is clear that deceased was a brilliant student and studying in a private school -- Accepting the notional earning Rs. 30,000/- including future prospect and applying the multiplier of 15, the loss of dependency comes to Rs. 4,50,000/-  -- Rs. 50,000/- added in conventional heads -- Total sum of compensation comes to Rs. 5,00,000/- -- Enhanced amount shall carry interest @ 7% p.a. from the date of Claim Petition till realization.

(Para 13-15)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Just compensation – Award exceeding claimed amount -- Permissibility of -- Tribunal/Court ought to award ‘just’ compensation which is reasonable in the facts relying upon the evidence produced on record -- Therefore, less valuation, if any, made in the Claim Petition would not be impediment to award just compensation exceeding the claimed amount.

(Para 14)