JUDGMENT :

Vaibhavi D. Nanavati, J.

1. The present appeal under Section 173 of the Motor Vehicles Act,1988 is at the instance of the appellant-original claimant and is directed against the judgment and award dated 23.04.2018 passed by the Motor Accident Claims Tribunal (Auxi.), Panchmahals at Godhara in M.A.C.P. No. 1203 of 2013 by which the learned 8th (Ad-hoc) Additional District Judge partly allowed the claim petition filed by the appellant herein (original claimant). The appellant is before this Court being aggrieved by the quantum compensation awarded by the tribunal.

2. This Court vide order dated 11.03.2020 issued notice to the respondents and called for the record and proceedings from the tribunal. The present first appeal has been listed today for further hearing. It was submitted by the learned counsel appearing for the parties that as the appeal is on the issue of quantum only, the matter may be taken up for final hearing.

3. The brief facts giving rise to the present appeal are that on 20-08-2013, at about 2:30 a.m., the claimant was driving the truck, bearing registration No. GJ-17-Z-7519. He was heading towards Valsad after loading sand. He was engaged as a driver by the owner of the said Truck i.e. Opponent no.4. He parked the said truck on the left side of the road as one tyre got punctured. The parking lights of the said truck were on. The opponent no.1 – driver of the truck, bearing registration No.PB-06-Q-9018, came from Vadodara side driving his truck in rash and negligent manner with excessive speed and dashed with the said stationery truck due to which the driver of truck i.e. the present claimant sustained grievous bodily injuries with fractures. He suffered crush injuries on his right leg and his right leg had to be amputated. It is stated that he has become incapable to drive any vehicle as he has suffered 100% functional disability. He can no longer work as a driver of any type of vehicles. He filed the claim petition under section 166 of the Act for compensation of Rs.30,00,000/-. The tribunal by order dated 23.04.2018 awarded compensation of Rs.11,65,000/- and passed the following award :

“1. Present claim petition is hereby partly allowed against the opponents No.1 to 3. The claim petition against the opponents No.4 & 5 is hereby rejected.

2. The applicant is entitled to get Rs.11,65,000/- (Rupees Eleven Lacs Sixty Five Thousand only) from the opponents No.1 to 3, jointly and severally, towards the compensation with proportionate costs and 9% p.a. interest from the date of filing of the claim petition till realization. The opponents No.1 to 3 are directed to deposit the said amount of compensation before this Tribunal within one month from the date of this order.

3. The amount of interim compensation, if any, paid to the applicants shall be adjusted with the amount of compensation. The amount of court fees shall be calculated by the office and shall be deducted first out of the amount of compensation deposited with this Tribunal.

4. Out of the remaining amount, 30% amount be paid to the applicant in cash by A/c. Payee Cheque and remaining 70% amount be invested in any Nationalized Bank as per the choice of the applicant in her name in Fixed Deposit Receipt for period of FIVE YEARS. The applicant shall be entitled to receive the periodical interest thereon.

5. It is further ordered that the applicant will not be entitled to withdraw the said F.D.R. before its maturity date or to have loan therein without prior permission of this Tribunal. Further, the concerned Bank will be under obligation to release the said F.D.R. on the date of its maturity without requiring release order from the Tribunal.

6. The opponents to bear their own costs.

7. Award to be drawn accordingly.”

3.1. The appellant-claimant produced the relevant documents before the tribunal. The tribunal framed the issues at Exh.23 which are produce