JUDGMENT :

J.N. Bhatt, J.—A cry for justice of dejected and disheartened, unsuccessful and unfortunate parents, is echoed in this appeal, who lost only young earning son, in a fatal railway accident, on ill-fated day of 18.7.1981 and who also lost the legal battle for compensation for the untimely and premature demise of their beloved only son.

A conspectus of few relevant and material facts leading to the rise of this appeal, needs narration, at the outset, which would unfold the untold tragic scenario,

2. The appellants are the original plaintiffs, who instituted Special Civil Suit No. 57 of 1983, in the Court of Civil Judge (S.D.), Mehsana, for compensation for the unfortunate and untimely demise of their only earning son, aged about 20, in a cruel railway accident. Deceased Shailesh was travelling in a Delhi Mail train, proceeding from Ahmedabad towards Mehsana, on the ill-fated day as a bona fide passenger.

3. The train accident occurred on account of a derailment of train between Dangarva and Ambaliyasan villages, in Mehsana District, wherein the deceased along with many other victims sustained serious injuries and succumbed to the same on the spot. Appellant No. 1 is the father