JUDGEMENT:- The original plaintiffs in Special Civil Suit No. 51/72 having failed before the trial Court who dismissed their suit, have preferred this appeal against the judgment passed by Second Joint Civil Judge, Senior Division, Nagpur on 31-7-1975.

2. The appellants filed a suit in forma pauperis to claim damages from the defendants. The application to sue in forma pauperis was allowed and the proceedings were registered as Special Civil Suit No. 51/72. It was the case of the appellants/plaintiffs that appellant No. 1 Gaurabai is the widow of Dhondo Datar, while appellant No. 2 -Sushila is the daughter of deceased Dhondo Datar. Briefly stated the claim of the plaintiffs

was that on 1-3-1970 between 9 P. M. and 9.30 P. M. the deceased Dhondo Datar was standing near a Pan Thela in front of Popular Book Depot opposite Patwardhan High School, Sitabuldi, Nagpur. At that time, one Ambassador Car bearing No. BYJ-8037 belonging to defendant No. 2 - present respondent No. 1, came from the side of Variety Square in full speed. It was going towards Nagpur Mahavidyalaya. It was being driven by original defendant No. 1- Balram Swami. The driver of the car was driving the the vehicle in a rash

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