JUDGMENT - MOHTA V.A., J.:—See, where our procedural legal system has landed the appellants.

2. The story—pathetic as it is—shorn of minor details can be told thus:

The appellants—the old mother, the widow, two unmarried minor daughters and a minor son—were dependents and are the legal heirs of deceased Phalhad Lande—a village school teacher—who met with an instantaneous accidental death on 10th April, 1973 as a result of collision at the unprotected railway crossing between a railway engine and a public transport bus, in which he was travelling. They filed in forma pauperis a civil suit for recovery of damages to the tune of Rs. 60,000/ - against the Union of India and the Maharashtra State Road Transport Corporation (MSRTC) in the Court of Civil Judge, Senior Division, Khamgaon, on 14th October, 1973. Both the major appellants are illiterate villagers, residents of Sakhli Buzruk, Tahsil Chikhali, District Buldana. They were permitted to sue in forma pauperis vide order dated 21st September, 1976 and the action was registered as Special Civil Suit No. 19 of 1976.

The allegations of negligence/contributory negligence were denied by the defendants by two separate written statements t

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