J. B. MEHTA, M. U. SHAH, J.

( 1 ) THIS appeal arises out of dismissal of a Civil Suit for compensation instituted under the Fatal Accidents Act 1855 (Act XIII of 1855 by a young widow of 25 years and her two infant sons for the benefit of themselves and of two minor daughters named Shanta and Kamla. The compensation prayed for in the suit which was filed in the Court of the Civil Judge Senior Division at Nadiad as Special Civil Suit No. 28 of 1957 was for loss occasioned by the death of one Bhoi Shana Kalyan to the said dependants of the deceased who was the husband of the plaintiff-widow and father of the four minor children. The death of said Bhoi Shana Kalyan is alleged to have been caused by wrongful acts of the original defendants who are respondents herein. Deceased Bhoi died at a young age of 25 years leaving behind him the plaintiff-widow and four minor children aged 9 2 8 and 4 respectively. The plaintiffs claim damages against the defendants as joint tortfeasors for their tortious acts which in this case amount to a crime.

( 2 ) THE plaint-allegation is that deceased Bhoi Shana Kalyan along with his wife Nanda the first plaintiff and her four minor children Asha Raoji Shan

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