1. Heard.

2. This Appeal Suit is filed under Section 96 of the CPC challenging the judgment and decree in O.S.No.35 of 2004 (Pauper O.S.No.33/2001), dated 10.2.2006 on the file of the Additional District Court-cum-FTC-IV, Bhavani.

3. The suit was filed by the contesting respondents 1 to 4 seeking for a relief of damages from the appellants as well as defendants 5 and 6 jointly and severally quantified at Rs.8,28,000/- towards loss of life of deceased Jambu @ Shanmugam who was an under-trial prisoner No.6030 and died when he was incarcerated at the Central Prison, Coimbatore and to award cost. The suit was tried by the Fast Track Court-IV, Bhavani, Erode District in O.S.No.35 of 2004 and it was decreed on 10.2.2006 fixing the liability on the appellants as well as respondents 5 and

6. The damages were quantified at Rs.1 lakh together with interest at the rate of 7.5% from the date of filing of the plaint till the date of realisation and cost of Rs.2055/- was also ordered.

4. The case of the respondents 1 to 4 as per their plaint filed before the trial court was that the first respondent was the wife of late Jambu @ Shanmugam. The second respondent is the minor son and the