Skip to main content

Period Of Limitation - Article 113 Of Limitation Act Can’t Be invoked if There Is Specific Entry In The Schedule

In DAMINI AND ANOTHER vs JODHPUR VIDYUT VITRAN NIGAM LIMITED, the question before the Supreme Court was what is the period of limitation for filing a suit or claim under
The Fatal Accidents Act, 1855 is the issue arising for consideration in this case?

The appellants are the widow and son of one Pradeep Bhai Patel who worked as a driver of a bus. The deceased died from electrocution during the course of his employment. The appellants filed an application under Section 1A of the Fatal Accidents Act, 1855 bclaiming Rs.22,68,000/- towards damages which was resisted on the ground of limitation among other grounds.

According to the respondents, under Article 82 of The Limitation Act, 1963, the claim should have been presented within two years from the date of death of the person. The contention was upheld and the claim petition was dismissed. The decision was upheld by the High Court as well, and thus,
the appellants are before this Court. 

It is the contention of the appellants that the petition filed before the District Judge has to be treated as a Civil Suit for damages, and hence, it was the residuary entry, viz., Article 113 which should have been applied, in which case, the limitation is three years from when the right to sue accrues which is the date of death, i.e., 14.09.2008. In the present case, the claim petition was preferred on 05.09.2011 before the District Judge, and therefore, according to the learned Counsel for the appellants, the petition was within time.

The Supreme Court rejecting the claim of the appellants held that once a specific period of limitation is referrable to any of the entries in the Schedule to the Limitation Act, 1963, then the residuary Article 113 cannot be invoked. In the instant case, for a suit for damages under the Fatal Accidents Act, 1855 Article 82 provides for a specific period of limitation, viz., two years from the date of death of the person.

Part VII of the Schedule deals with the “suits relating to tort”. Therefore, when a suit for compensation is filed under the Fatal Accidents Act, 1855, the same has to be filed within the period of two years as prescribed under Article 82 of the Limitation Act, 1963. In the instant case, the action for damages is brought under Section 1A of the Fatal Accidents Act, 1855.



Comments

Post a Comment

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more

Mere Agreement To Sell The Leased Property To Tenant Would Not Terminate Landlord-Tenant Relationship

In CIVIL APPEAL Nos. 1237­1238 OF 2019, Dr. H.K. Sharma vs Shri Ram Lal, the tenant had objected against the eviction suit filed by the landlord, claiming that the landlord-tenant relationship between them had ceased to exist by virtue of an agreement for sale entered between them and that he has already paid some money in advance based on the agreement. The tenant contented as the landlord-tenant relationship did not exist, the landlord cannot evict him. The matter went through various forums and finally landed before the Supreme Court in appeal. The Supreme Court referring to the judgment in Shah Mathuradas Maganlal & Co. vs. Nagappa Shankarappa Malage & Ors., held that in the instant case the lease agreement included no clauses on the fate of the tenancy. A fortiori, the parties did not intend to surrender the tenancy rights despite entering into an agreement of sale of the tenanted property. In other words, if the parties really intended to surrender their tenancy ...
2 comments
Read more

Valuation Report of Jewellery once made is effective for Four Assessment Years

The division Bench of the Delhi High Court in Pr.Commissioner of Wealth Tax vs. Raghu Hari Dalmia held that a valuation report made by a registered valuer once adopted shall be in effect for four assessment years unless an event has occurred whereby the value is increased or decreased. The High Court made it clear that the event of “search” under Section 132 of the Income Tax Act, 1961 cannot compel the assessee to undertake a fresh valuation.
2 comments
Read more