Rule 9 – Motor Vehicles Act, 1988 (59 of 1988), Section 14, 166 -- Compensation in motor vehicle accident case -- Heavy Transport Vehicle License – Accident by Oil Tanker – Endorsement for – Driver of the offending vehicle had a valid and subsisting driving license to drive the Heavy Transport Vehicle -- Absence of the endorsement on the driving license in compliance Section 14 read with rule 9 is pleaded -- Insurance company not exonerated of its liability due to absence of endorsement on the driving license of the driver of the offending vehicle.

(P&H HC) Decided on: 25.10.2021

Section 166 -- Compensation in motor vehicle accident case -- Future prospects -- Deceased aged 21 years – Income assessed at Rs.5,000/- -- Appellants are entitled to the benefit of 50% increase towards future prospects in view of the law laid down in Rajesh’s case (2013) 9 SCC 54 -- Amount of compensation under the head 'loss of dependency’, would come to Rs.5,000/- + 50% X 12 X ½ X 18 = Rs.8,10,000/- -- Furthermore, a sum of Rs.1,00,000/-, is awarded to the appellant-mother of the deceased, on account of loss of love and affection, if she is alive -- Disbursement of amount of compensation towards 'future prospects' shall be subject to furnishing requisite indemnity bonds by the claimants as the question of admissibility of future prospects to daily wagers/self-employed persons is pending adjudication before Hon'ble the Supreme Court in SLP No.16735 of 2014.

(P&H HC) Decided on: 26.05.2016

Rule 14, Form 4 -- Motor Vehicles Act, 1988 (59 of 1988), Section 2(21), (23), 166 – Recovery rights to Insurance Company -- License of Light Motor Vehicle – Driver had a licence to drive ‘light motor vehicle’ but failed to obtain endorsement for driving goods vehicle – No breach of any condition of insurance policy, entitling the Insurance Company to recovery rights.

(SC) Decided on: 28.10.2014