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

Most viewed this month

Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law

Cause Title :  Bhagwant Singh vs  Financial Commissioner (Appeals) Punjab, Chandigarh,  CWP-2132-2018 (O&M), High Court Of Punjab & Haryana At Chandigarh Date of Judgment/Order : 31.08.2022 Corum : Hon’ble Mr. Justice Sudhir Mittal Background A large parcel of land was owned by the Nagar Panchayat. Thereafter, some of the co-sharers sold their shares to third parties including the petitioners herein. On 22.11.1995, respondents No.3 to 5 filed an application for partition of the land. The petitioners were not impleaded as parties.  On completion of proceedings, sanad was issued on 28.08.1996. Vide two separate sale deeds dated 28.05.2008 respondents No.3 and 5 sold some portion in favour of respondent No.6 and 7. These respondents sought implementation of the sanad resulting in issuance of warrants of possession dated 05.06.2008. Allegedly, it was then that the petitioners realized that joint land had been partitioned and that proceedings h...

Power of Attorney holder can also file cheque bounce cases: Supreme Court

The Supreme Court has held that a criminal complaint in a cheque bounce case can be filed and pursued by a person who holds a power of attorney (PoA) on behalf of the complainant. A three-judge bench headed by Chief Justice P Sathasivam gave the "authoritative" pronouncement on the issue, referred to it by a division bench in view of conflicting judgements of some high courts and the apex court. "We are of the view that the power of attorney holder may be allowed to file, appear and depose for the purpose of issue of process for the offence punishable under Section 138 of the Negotiable Instruments Act (which deals with cheque bounce cases)," the bench, also comprising justices Ranjana Prakash Desai and Ranjan Gogoi, said. The bench, in its judgement, said, "...we clarify the position and answer the questions in the following manner: "Filing of complaint petition under Section 138 of Negotiable Instruments Act through PoA holder is perfectly legal...

Christian who reconverts as Hindu SC will get quota benefits

Amid the controversy over “ghar wapsi”, the Supreme Court on Thursday ruled that a person who “reconverts” from Christianity to Hinduism shall be entitled to reservation benefits if his forefathers belonged to a Scheduled Caste and the community accepts him after “reconversion”. Citing articles by B R Ambedkar and James Massey, and reports by Mandal Commission and Chinappa Commission, the court said: “There has been detailed study to indicate the Scheduled Caste persons belonging to Hindu religion, who had embraced Christianity with some kind of hope or aspiration, have remained socially, educationally and economically backward.” The bench of Justices Dipak Misra and V Gopala Gowda held that a person shall not be deprived of reservation benefits if he decides to “reconvert” to Hinduism and adopts the caste that his forefathers originally belonged to just because he was born to Christian parents or has a Christian spouse. Expanding the scope of a previous Constitution benc...