BHIKHABHAI HARIBHAI RABARI Vs. RABARI KALUBHAI MASHRUBHAI

JUDGEMENT

(1.) Admit. In the facts and circumstances of the case and issue involved in the matter, with the consent of the learned advocates appearing on behalf of the respective parties, the matter is taken up for final hearing today.

(2.) This Second Appeal under Section 100 of the Code of Civil Procedure, 1908 ('the CPC' for short) is at the instance of the original plaintiffs and is directed against the judgment and order dated 13th November 2017 passed by the 7th Additional District Judge, Banaskantha at Palanpur, in the Regular Civil Appeal No.15 of 2012 arising from the judgment and decree dated 23rd December 2011 passed by the learned 2nd Additional Senior Civil Judge, Palanpur, in the Special Civil Suit No. 87 of 1997 filed by the appellants herein for compensation under the provisions of Section 357 of the Code of Criminal Procedure, 1973 ('the Code' for short) read with the provisions of the Fatal Accidents Act, 1855.

(3.) The case of the plaintiffs can be gathered from the facts recorded by the lower appellate court in its impugned judgment. I may quote the same: