Plaintiffs are the appellants. First plaintiff, his wife Pennamma and their three children were travelling from Thiruvananthapuram to Kottayam by Madras Mail on 27-1-1981. After the train stopped at Kottayam railway station, 1st plaintiff and two of the children a lighted. While Pennamma was getting down from the compartment folding the third child in hand the train started moving as a result of which she and the child fell down. Her mutilated body was removed from under the train and by that time he had breathed her last. The child was seriously injured and succumbed to the injuries m the way to the hospital. First plaintiff in his individual capacity and as the next friend if the two children filed original petition 8/1982 before Sub Court, Kottayam as indigent person claiming an amount of Rs.55000/- as compensation. It is alleged in the petition which was subsequently converted into a suit and numbered as O.S.319/1983 at the train suddenly moved forward without any signal or warning and as a result of underking Pennamma and the child fell into the track and Pennamma was run over by i.e. train and her body was cut into pieces. The child also sustained serious injuries