K S SUDHAKARAN Vs. S NARASIMHA REDDY

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the judgment and decree in O.P.No.52 of 1992 on the file of the Additional Chief Judge, City Civil Court, Secunderabad.

(2.) The Appellants are the claimants in O.P.No. 52/1992. The first appellant is the husband of late Stella Shantha Kumari. Appellant Nos. 2 and 3 are the minor son and minor daughter born out of the wedlock between the first appellant and late Stella Shantha Kumari.

(3.) It is tine case of the appellants that the deceased Smt. Stella Shantha Kumari was working as a Teacher in Bharatiya Vidya Bhavan, Basheerabagh, Hyderabad. On the date of the accident, she was drawing a monthly salary of Rs. 2,500/-, aged about 39 years and was quite hale and healthy. It is further stated that the deceased was coming from Begumpet Police lines to Secunderabad Railway Station on a scooter bearing No.AHU 5516 along with her husband-first appellant herein around 6-40 PM. After crossing Paradis X Roads, an auto-rickshaw bearing No. AP/11-T/578 belonging to the first respondent driven by the second respondent came with high speed and dashed the rear side of the scooter and sped away. As a result of which, the first appellant and the deceased fell down on the road. The deceased sustained head injury while the first appellant received minor injuries and were later on shifted to hospital. The hospital authorities declared that said Stella Shantha Kumari succumbed to the injuries while she was undergoing treatment.