( 1 ) IN both these appeals, common questions are involved and they arise out of common judgment an award. Upon joint request, they are being disposed of by this common judgment.

( 2 ) A claim petition came to be filed by the heirs and legal representatives, original-petitioners, appellants in First Appeal No. 241 of 1992, inter alia, contending that they lost their bread-winner in a road accident which occurred on 4. 1. 88. The deceased was travelling on a scooter bearing No. GUJ-982 on National Highway No. 8 near Dabhan and was driving his scooter in slow speed on the correct side. At that time, original opponent No. 1, Shanabhai Prajapati, driving Matador-Tempo bearing No. GRW-2, came with excessive speed and dashed with the scooter on the wrong side, as a result of which deceased Yogesh Chandulal Mehta, sustained serious injuries and succumbed to the same during the course of treatment. Original opponent No. 1, Shanabhai was the driver, original opponent No. 2, Ishwarbhai Prajapati was the owner of the vehicle and original No. 3, United India Insurance Company was the insurer of the offending Matador-Tempo.

( 3 ) THE deceased was doing the business of engraving a