1. The plaintiffs are the appellants.

2. In the action instituted under the Fatal Accidents Act, the appellants sought to recover from the respondent compensation for the damage, they had suffered by reason of the death of Sri. P. C. Mathew, the husband of the first plaintiff and the father of the second plaintiff, who was the chief steward of the ship, M.V. Kairali, which got lost in the Arabian sea with the crew on board. On the suit being dismissed, the appeal has been filed.

3. The relevant facts can be comparatively briefly stated, in as much as the only decision which is under challenge is the one relating to the point covered by issue No. 4 namely:

"Whether the plaintiffs are entitled to get compensation from the defendant for the missing of Mr. P. C. Mathew with the vessel M. V. Kairali under the provisions of the Fatal Accidents Act? If so, to what extent?"

This part of the action is based on negligence. The pleadings in the case in this regard disclose the following. The radars installed in the ship were defective and hence not functioning. The captain of the ship therefore refused to take the loaded ship into the high seas. The captain however, was compelled to