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Supreme Court of India 2017-09-14 allowed

Damini and Another vs Managing Director, Jodhpur Vidyut Vitran Nigam Limited and Another

Bench: 2 — Kurian

In Brief

The widow and son of a bus driver who died after contact with a live electricity wire sought compensation under the Fatal Accidents Act, 1855. The lower courts dismissed the claim as time-barred, applying the 2-year limitation period under Article 82 of the Limitation Act, 1963. The appellants argued for the 3-year residuary period under Article 113. The Supreme Court held that Article 82 specifically governs Fatal Accidents Act claims as tort suits, and once a specific limitation period is prescribed, the residuary provision cannot apply. The Court affirmed the 2-year limit but granted Rs. 7 lakhs compensation under Article 142 in light of the peculiar circumstances and length of delay.

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Tort Law Limitation Period Fatal Accidents Act Compensation Statutory Interpretation Constitutional Law

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