JUDGMENT :

MOOL CHAND TYAGI, J.

1. The captioned appeal has been preferred against the impugned judgment and award dated 14.12.2012 passed by the learned Motor Accident Claims Tribunal (Aux.), City Civil Court at Ahmedabad, in M.A.C.P. No. 113 of 2000, whereby the learned Tribunal had partly allowed the Claim Petition and awarded a sum of Rs.66,220/- (Sixty Six Thousand Two Hundred Twenty Only) along with interest at the rate of 7.5% per annum, from the date of filing of the claim petition till its realization, as compensation.

2. The succinct facts, which led to the filing of the captioned appeal, as explained by the learned counsel for the appellant and as narrated in the Claim Petition are summarized as under:-

i. On 13.07.1999 at about 3:30 p.m., the original claimant/appellant herein was riding a Motorcycle bearing registration No.GJ-1-AF-312 at very moderate speed from Naroda Bethak to Naroda Village. When he reached near Anil Showroom, one Maruti car bearing registration No.GJ-1-RR-8688 being driven by original opponent No.1/ respondent No.1 herein at very excessive speed and in a rash and negligent manner, came from the backside and dashed with the motorcycle on which the original claimant/appellant herein was travelling, thereby causing the vehicular accident. As a result of the said vehicular accident, the original claimant/appellant herein sustained grievous injuries to his body.

ii. It is the case of the original claimant/appellant herein before the learned Tribunal that at the time of the vehicular accident, he was aged about 40 years and was earning Rs.8000/- per month, by working in Reliance Textiles and Tulsi Traders. It is also the case of the original claimant/appellant herein that due to the injuries sustained in the vehicular accident, he had to undergo treatment for a considerable period of time and had suffered severe pain, shock & sufferings. Therefore, the Original Claimant/appellant preferred the Claim Petition before the learned Tribunal seeking compensation to the tune of Rs.5,00,000/-.

iii.Having been served with the notices/summons of the Claim Petition, the original opponent No.3/respondent No.3 herein - Insurer of the Maruti Car, filed its Written Statement at Exh.21, thereby denying the averments made in the Claim Petition, and in brief, prayed for dismissal of the Claim Petition.

iv.Having considered the pleadings of the parties and the material available on record, the learned Tribunal framed the following issues, for determination:-

i. Whether the petitioner proves that he/she sustained grievous injuries in a vehicular accident by rash and negligent driving of the offending vehicle driven by its driver ?

ii. What amount of compensation the petitioner is entitled to and from whom ?

iii. What order and award ?

v. Having considered the pleadings, evidence on record and the submissions advanced by the learned counsels for the respective parties, the learned Tribunal partly allowed the Claim Petition and awarded a sum of Rs.66,220/- (Sixty Six Thousand Two Hundred Twenty Only) along with interest at the rate of 7.5% per annum, from the date of filing of the claim petition till its realization, as compensation.

vi. Being aggrieved and dissatisfied with the impugned judgment and award, the original claimant/appellant herein has challenged the impugned judgment and award on the ground of meagreness of compensation awarded by the learned Tribunal.

3. Heard learned counsels for the parties.

4. Learned advocate appearing on behalf of the original claimant/appellant herein vehemently submitted that at the time of the vehicular accident, the claimant/appellant herein was aged about 40 years and was working at Reliance Textiles, thereby earning Rs.6,324/- per month as salary, however, the learned Tribunal had assessed the income of the claimant/appellant herein at very lower side. He further submitted that in order to prove his income, the claimant/appellant herein has examined one Mr. Paresh S Nayak, who is an officer