( 1 ) - Regular First Appeals Nos. 90-D/ 56 and 121-D/1956 raise common questions of law and fact. They relate to a common incident that took place on March 16, 1952, at about 4 a. m. when railway engine No. 1175 belonging to the defendants collided with lorry No. DLB 1946 at railway crossing gate No. CI-2 in mile No. 2/15 on Delhi Kamal railway line. As a result of that accident two persons, by names, Tirath Singh and Nanoo died instantaneously.

( 2 ) REGULAR First Appeal No. 90-D of 1956 arises from suit No. 260 of 1954 on the file of the learned Sub-Judge 1st Class, Delhi. That was a suit filed by the widow and. the son of the deceased Tirath Singh. In that suit the Court below granted a decree for a sunn of Rs. 45,000. 00 against the defendants as damages resulting from the accident, mentioned above.

( 3 ) REGULAR First Appeal 121 D/ of 1956 arises from suit No. 259 of 1956 on the file of the same Judge. That was suit filed by the widow of Nanoo claiming damages as a result of the accident, referred to already. In that suit the Court below decreed a sum of Rs. 22,500. 00 in favour of the plaintiff against the defendants.

( 4 ) THE case for the plaintiffs in the two