K. N. SINGH, J.:- This appeal under Sec.96 of the Civil P.C. is directed against the judgment and decree dated 21-7-1969, passed by the Additional Civil Judge, Gorakhpur, dismissing the plaintiffs-appellants suit.

2. Smt. Usha Rani Banerjee and her two children Tanaji Banerji, son and Kum. Jaisri Banerjee, daughter, filed a suit for recovery of Rs. 30,000/- as compensation from the defendant-respondents with the allegation that Madhusudan Banerji, husband of Smt. Usha Rani Banerjee, was run over and killed by Public Carrier bearing No. US0 9787, of which Biwant Singh Koheli, defendant No.2 was the owner and which was being driven by Jiwan Singh, defendant No. 3. The vehicle was insured with the Premier Insurance Co., defendant No.1. The accident occurred on account of rash and negligent driving of the vehicle causing serious injuries to Madhusudan Banerji which resulted into his death. The plaintiffs claimed a decree for damages and compensation for the amount of Rs. 30,000/- against the defendant-respondents for the death of Madhusudan Banerji who was the sole bread earner of the family. Initially the appellants had filed the suit only against the Premier Insurance Compan