SHAIK SALEEMA Vs. APSRTC, MUSHEERABAD

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed against the order, dated 26.10.2012, in I.A.No.577 of 2012 in MVOP.No.1453 of 2008 on the file of the learned II Additional District Judge, Ranga Reddy District at NTR Nagar, Hyderabad.

(2.) A 24 year old widow and 5 year old son of the ill -fated - Shaik Gaddam Khasim are the appellants in the present appeal. The said Shaik Gaddam Khasim died in an accident involving a bus belonging to the Andhra Pradesh State Road Transport Corporation (for short the Corporation).

(3.) IN my opinion, the Court below was oblivious of the ground realities. Appellant No.1 is the young widow and appellant No.2 is the minor son of the deceased, who was probably the sole bread winner of the family. While the Courts should not decide cases on misplaced sympathies, they (the Courts) at the same time, must have due concern for the nature of the cases and the circumstances in which the parties are placed. In a case involving the death of the head of the family, it is not difficult to imagine the plight of his family members. Their whole life would have been thrown into shambles and they must be wading through the darkness unleashed on them by the cruel fate in the form of taking away the life of their mentor. This was the obvious reason why even the learned counsel for the respondent -Corporation has taken pity on the appellants and did not advice filing of a counter -affidavit opposing the above -mentioned I.A. Instead of understanding this gesture on the part of the learned counsel for the respondent -Corporation in a right spirit, the Court below has made an uncharitable observation against the respondent for not opposing the I.A. filed by the appellants.