( 1 ) IN the second week of September 1973, there was criminal rioting at Maddur Town in Mandya District. There were disturbances like stone throwing and violent personal assaults on 13-9-1973. We are concerned in this appeal with the rioting on 14-9-1973 in which one B. P. Nagaraj died on account of gun-shot wound that he sustained in the firing that was done by the District Armed Reserve Police (for short 'the DAR') whose assistance was secured to quell the riots. The Sub-Inspector of Police who was in charge of maintaining law and order and also in the command of the police force that was deployed to contain rioting, was the second defendant in the original suit filed by the parents, brothers and sister of the said Nagaraj for compensation of Rs. 1,50,000/- on account of the death of the said Nagaraj due to the rash and negligent act of reckless firing by the police. The deceased was running a hotel in Bazaar Street and was able to spare Rs. 50/- for the family expenses consisting of himself and the plaintiffs. According to the plaintiffs, when firing was resorted to, there were no serious disturbances in the locality necessitating use of force by firing. There was