GANESH PRASAD @ GANESH Vs. AHLUWALIA CONTRACTS INDIA LTD

JUDGEMENT

(1.) This appeal is filed under Section 173 (1) of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded by the XXIII Additional Small Causes Judge, and XXI A.C.M.M., M.A.C.T., Court of Small Causes, Bengaluru, (hereinafter referred to as 'The Tribunal', for short), by its judgment and award dated 02.05.2011 in M.V.C. No.5383 of 2010.

(2.) Summary of the case of the claimant in the Tribunal below is that on 07.07.2010 at about 11.50 p.m. when the claimant Ganesh Prasad along with the deceased Krishna and others were sleeping on the floor in front of a sand loaded lorry in the lorry stand near V.G. Garage, Yelahanka, a cement mixer lorry bearing Reg. No.HR/63-6017 being driven by its driver in high speed and in a rash and negligent manner in a reverse direction came and run over on the claimant and the deceased Krishna due to which the claimant Ganesh Prasad @ Ganesh sustained grievous injuries and Krishna sustained injuries and died on the spot.

(3.) The appellant/claimant in his memorandum of appeal has taken a contention that the quantum of compensation awarded by the Tribunal under various heads are all meager. Further stating that the Tribunal ought to have awarded the compensation as claimed by him, has prayed for allowing the appeal.