A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Expiry of Driving licence – Effect of -- Licence expired on 05.05.2016 and the accident occurred on 20.08.2016 -- No evidence on the record to show that an application for renewal was filed within thirty days of expiry; on the contrary, statement of PW-3 (Criminal Ahlamd) confirms the absence of such timely renewal -- Driving Licence similarly corroborate that the licence was not valid for driving a transport vehicle on the date of the accident – Held, learned Tribunal, after a proper appreciation of the entire evidence, rightly concluded that there was a violation of the terms and conditions of the insurance policy.

(Para 14, 15)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Deceased, was a minor aged merely 12 years -- A minor, by virtue of tender age, is not engaged in employment, and therefore rigidly categorizing him as a “non-earner” would defeat the object of awarding just compensation under the Motor Vehicles Act, 1988 -- Proper method of determining compensation under the head “loss of income” is to adopt, at the very least, the minimum wages notified for a skilled worker in the relevant State at the relevant time -- Notional monthly income of the deceased assessed at Rs.10,300, being the minimum wages of a highly skilled worker notified for the relevant period in the State of Haryana – Future prospects 40%, multiplier of 18 applied – 50 deduction towards personal expenses -- Loss of Estate Rs.18,150/- -- Funeral Expenses Rs.18,150/- -- Loss of Consortium Filial :  Rs. 48,400 x 2 Rs.96,800/- -- Total comes to Rs.16,90,460/- -- Interest @ 9% per annum on the enhanced amount from the date of filing of claim petition allowed.

(Para 21-29)