AMOL RATTAN SINGH, J.

1. These two appeals challenge the Award of the learned Motor Accident Claims Tribunal, Gurgaon, dated 01.10.1990 by which the two claim petitions filed by the single petitioner, i.e. Sahab Singh, were decided vide the aforesaid common Award.

2. The claim petitions were instituted on account of motor accident that took place on 10.05.1989 when the present appellant was going from Gurgaon towards Delhi on scooter no.DHI-7636, with his wife and two year old son sitting pillion behind him.

As per the claim petition, when they reached in front of the gate of Jawala Textile Mills, a four wheeler vehicle bearing registration no.HMG-1607 came from the opposite direction, allegedly driven in a rash and negligent manner by respondent no.1, i.e. Parkash son of Ram Kala. The four wheeler is stated to have dashed against the appellants' scooter due to which the three riders on the scooter fell down. Unfortunately, the two year old son of the petitioner (Yogesh) died on the spot whereas his wife, Rajeshwari, succumbed to her injuries on the next day in the Safdarjang Hospital, New Delhi.

The appellant also suffered injuries by way of three fractures of his left leg and while he was initially admitted to the Civil Hospital, Gurgaon, the next date he too was shifted to the Safdarjang Hospital, where he is stated to have remained admitted till 04.07.1989, i.e. for a period of almost two months.

He claimed to have spent Rs.20,000/- on his treatment but sought a compensation of Rs.3 lacs, in respect of the loss of income, loss of earning capacity, treatment expenses, pain and suffering, expenses of an attendant, special diet etc.

Thus Claim Petition no.70 was filed seeking a compensation of Rs.3 lacs on account of the injuries suffered by the present appellant himself.

3. Claim petition no.71 of 1989 was instituted by him seeking compensation for the death of his wife and minor son, to the extent of Rs.5 lacs for the death of his wife Rajeshwari and Rs.2 lacs for the death of his son Yogesh.

The learned Tribunal having awarded Rs.30,000/- as compensation for the injuries suffered by the petitioner and Rs.15,000/- as compensation for the death of his son, and Rs.40,000/- for the death of his wife, the present two appeals have come to be filed, with FAO no.478 of 1991 having been filed seeking enhancement of compensation awarded in claim petition no.70 of 1989 and FAO no.1164 of 1991 having been filed for seeking enhancement of the compensation awarded in claim petition no.71 of 1989.

4. Coming to the claim petitions filed before the learned Tribunal, the appellant claimed that he was working as a washerman, washing and ironing the clothes of hostel students of Kiran Memorial Public School, Mehrauli, New Delhi, drawing Rs.7000/- / Rs.7500/- per month from the school, out of which he paid five servants. He also claimed that he was earning Rs.2000/- per month by washing and ironing the clothes of school teachers.

Thus the averment in the claim petition was that the appellant was earning Rs.2000/- to 3000/- per month.

As regards his late wife, he stated that she was 26 years old, earning Rs.900/- per month by ironing clothes and thus being self employed.

5. The two petitions having been consolidated by the learned Tribunal, the driver and owner of the vehicle, i.e. respondents no.1 & 2 filed a joint written statement denying that the accident had been caused by respondent no.1, with the insurance company, i.e. respondent no.3, with whom four wheeler vehicle was insured, denying the accident altogether and further stating that the quantum of compensation was excessive.

6. The following issues were therefore framed by the learned Tribunal:-

“1. Whether petitioner Sahab Singh suffered injuries and his wife Smt. Rajeshwari and minor son Yogesh died in accident caused by rash and negligent driving of tempo no.HNG-1607 by Parkash, re