SAHAB SINGH Vs. PARKASH AND OTHERS

JUDGEMENT

(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.