( 1. ) THIS appeal was originally preferred by Mohd. Sayed and Smt. Shamina Sultan. Both of them are dead and the present appellants are their legal representatives. Earlier this appeal was finally heard on 7-10-2002, and was decided on 9-l-2003. During the course of hearing, when this appeal was heard earlier, neither any application was filed by the present appellants for their substitution, nor it was brought in our notice that both the appellants were dead, when the appeal was heard. After the pronouncement of the judgment the present appellants by filing an application under Order 22 Rules 3 and 9of the Code of Civil Procedure, sought permission for their substitution. The said application was registered as M. C. C. No. 262/2003 and was decided and allowed by this Bench on 21-7-2003. In this manner the present appellants are brought on record in the appeal and as directed in the order dated 21-7-2003, in M. C. C. No. 262/2003, this appeal was re-listed for hearing.

( 2. ) MR. Justice Brennan has said :-

" nothing rankles more in the human heart than a brooding sense of injustice. Illness we can put up with. But injustice makes us want to pull things down. "

( 3. ) IN the words of Mr. William Watson :-

"let the justice be done, though the heavens fall. "

( 4. ) ADAM L. Gordon :-

"life is mostly forth and bubble, two things stand like stone kindness in anothers trouble, courage in our own. "

If the fact and evidence of the present case is perused, we are bound to accord our verdict that still the humble citizens of this country are following the prayer:-ua Roga dke;s jkt;a u Loxza ukiquhkzoe- Adke;s nq%[krirkuka izkf. kukekfrz ukkue- AA

"na Twaham Kamaye Rajyam Na Swargam Na Punarbhawam Kamaye Dukh Taptanam Praninamartinashanam"

( 5. ) THE above quotations we have quoted because in the present factual scenario of the case these are fully applicable. What sin, the deceased Mohd. Javed, committed if he had saved the innocent human lives of his neighbours, whose house was ablazed and the deceased was succeeded to save the lives of his neighbourers but unfortunately put his own life into an end, on account of sustaining the serious burn injuries and if the poor parents of the deceased had filed a suit against the defendants (Gas Company and Insurance Company) for compensation in spite of appreciating the kindness and humanity of the deceased, whether on account of the technicalities the suit should be dismissed. In the words of Justice Krishnan Ayyer "law is a means to an end and justice is that end. But in actuality, law and justice are distance neighbours; sometimes even stage hostile. If law shoots down justice, the people shoot down law. "

( 6. ) ONE should not conflict that the kindness is the golden chain by which society is bound together.

( 7. ) THE plaintiffs filed suit on account of burn injuries sustained by their adult young son Mohd. Javed, who while trying to save the lives of his next door neighbours in whose house the fire took place put his own life to an end. On 13-1-1991 at about 8 a. m. a fire was reported to be broken out in the house adjoining to the plaintiffs house, as a result of which their adult young and brave son, aged about 23 years rushed to the said burning house and saved the several lives of the inhabitants. The fire took place on account of the leakage of L. P. G. Gas, which got burst. The deceased though transmitted in the hospital but could not be saved and he breathed his last after five days. ( 8. ) IT is no more in dispute that Insurance Company (defendant No. 3) is the Insurer of defendant No. 4 (M/s Book-N-Cook agent of M/s Hindustan Petroleum Corporation) and as such the Insurance Company was liable to indemnify the defendant No. 4, on account of the accident occurred. According to the plaint averments, the deceased was carrying on the business of Photography and was earning Rs. 1000/- per month from the said profession. According to the plaintiffs the deceased was sharing Rs. 500/- per m