J B Pardiwala, J.

This Second Appeal under Section 100 of the Code of Civil Procedure is at the instance of the original plaintiffs and is directed against the judgment and order dated 13th November 2017 passed by the 7th Additional District Judge, Banaskantha at Palanpur, in the Regular Civil Appeal No.16 of 2012 arising from the judgment and decree dated 23rd December 2011 passed by the 2nd Additional Senior Civil Judge, Palanpur, in the Special Civil Suit No.69 of 1995 filed by the appellants herein for compensation under the provisions of Section 357 of the Code of Criminal Procedure read with the provisions of the Fatal Accidents Act, 1855.

2. The case of the plaintiffs can be gathered from the facts recorded by the lower appellate court in its impugned judgment. I may quote the same :

"That the plaintiffs are resident of Madana (Dangiya), Tal. Palanpur. Plaintiff Nos.1 to 5 are wife, daughters, son and mother of deceased Jora Vana respectively. The husband of plaintiff No.1 Jor Vana has been killed by defendants and therefore, hereinafter he has been referred to as 'deceased'. Defendants No.1 to 4 are real brothers. Defendant No.5 is son of uncle Ratna of defendants No.1