Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1963 - Art. 82 under Part Vil of the Schedule and Art.113 under Part X of the Schedule - Limitation for filing suit/claim under the Fatal Accidents Act Limitation Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Limitation Act, 1963 - Art. 82 under Part Vil of the Schedule and Art.113 under Part X of the Schedule - Limitation for filing suit/claim under the Fatal Accidents Act - When a bus reached a station, the driver climbed the rooftop of the bus to bring down the luggage of the passengers - While doing so, the driver came in contact with a live electricity wire - Due to electrocution, he fell down from the roof of the bus and died - Appellants i.e. widow and son of the deceased filed application u/s. lA of the Fatal Accidents Act - Courts below dismissed the application holding that the claim should have been presented within two years from the death of the person -Appellants contended that petition filed before Courts below has to be treated as a Civil Suit for damages, and hence, it was the residuary entry, viz., Art.113 which should have been applied, in which case, limitation is of three years - Held: Part Vil of the Schedule to the Limitation Act, 1963 provides for period of limitation with regard to suits relating to tort -Art.82 under the Part VII of the Schedule provides for a specific period of limitation, viz two years for a suit for damages under the Fatal Accidents Act, 1855 - Once a specified period of /imitation is referable to any of the entries in the Schedule to the Limitation Act, 1963, then residuary Art.113 under Part X of the Schedule cannot be invoked - Therefore, the suit u/s. lA of the Fatal Accidents Act has to be filed within two years - However, in instant case, there was a scheme under the first respondent for providing compensation to the victims - Jurisdiction u/Art.142 of the Constitution invoked - The first respondent to pay Rs. 7 lakh as compensation to first appellant - Constitution of India -Art.142 - Fatal Accidents Act, 1855 - s.IA. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2017 INSC 909 |
Petitioner | Damini And Another |
Respondent | Managing Director, Jodhpur Vidyut Vitran Nigam Limited And Another |
SCR | [2017] 8 S.C.R. 938 |
Judgement Date | 2017-09-14 |
Case Number | 12851 |
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