( 1. ) THIS is an appeal by the defendants against whom a decree for payment of Rs. 21,500 has been passed by the Fifth Additional District Judge, Jabalpur, in favour of the plaintiffs-respondents under Section 1-A of the Fatal Accidents Act.

( 2. ) THE facts giving rise to the appeal are that one Chunnilal was a driver in the employment of Central Provinces Transport Services (C. P. T. S. ). The C. P. T. S. was owned and run by the State Government till the formation of the Madhya Pradesh State Road Transport Corporation in 1962 under the provisions of Section 3 of the Road Transport Corporation Act, 1950. There were serious communal riots in September, 1956. During that period curfew was imposed and no person could move during curfew hours except under a pass issued by the District Authorities. On September 16, 1956, Chunnilal started from his house in the morning at about 6 O clock for going to the Jabalpur depot of the C. P. T. S. for joining his duty. He had been given a curfew pass. Before he could reach the depot of the C. P. T. S. he was stabbed by some miscreant in the abdomen, as a result of which he died. The plaintiffs, who are his widow aged 32 years and three