JUDGMENT

K.C. Chunder, J. - Hariananda Poddar was killed by electric shock on 1st July 1939, at Sim Road, Naraynganj. A suit was filed for damages under the Fatal Accidents Act by the widow, two minor sons and a minor daughter of the deceased against the respondent, The Chittagong Engineering and Electric Supply Co., Ltd. and another, with whom we have no concern in this appeal, as the claim against him was dismissed and no appeal filed against the order of dismissal. The claim was decreed for Rs. 1500 and costs of Rs. 47-7-6 pies and Rs. 1110 was ordered to be paid as court-fees by the plaintiffs to the Government, as the plaintiffs had filed the suit as paupers. The appeal relates to the amount of damages and there is a cross-objection by the defendant-respondent against the findings and order of the learned Subordinate Judge. We shall take up the cross-objection first.

2. The Subordinate Judge, 2nd Court, Dacca, found that for this death there was actionable negligence on the part of the defendant company. The pole fuse at Pole No. 43, from which connection had been taken, was defective. He found also that the higher resisting power of the earth-wire used made it incapable of imme