Compensation Claim Under Fatal Accidents Act: Damini vs. Jodhpur Vidyut Vitran Nigam Ltd.

The case of Damini & Another vs. Managing Director, Jodhpur Vidyut Vitran Nigam Ltd. involves a tragic incident leading to the death of a man due to electrocution. The legal battle centered around the issue of the limitation period for filing a claim under the Fatal Accidents Act, 1855. The Supreme Court was required to determine whether the claim should be governed by Article 82 of the Limitation Act, 1963, which prescribes a two-year limitation period for such claims, or by Article 113, which provides a three-year limitation.

The appeal was filed by the widow and son of the deceased, who sought compensation for their loss. The lower courts had dismissed their claim on the ground of limitation, leading to their appeal before the Supreme Court.

Background of the Case

The appellants, Damini and her son, lost their husband and father, Pradeep Bhai Patel, in a tragic accident on 14th September 2008. The deceased, a bus driver, was helping passengers retrieve their luggage from the rooftop of the bus when he accidentally came in contact with a live electricity wire. He was electrocuted and fell to the ground. Despite being rushed to the hospital, he was declared dead.

Following the incident, the appellants filed a claim under Section 1A of the Fatal Accidents Act, 1855, seeking Rs. 22,68,000 in damages from the Jodhpur Vidyut Vitran Nigam Ltd. The claim was rejected on the basis that it was filed beyond the two-year limitation period prescribed under Article 82 of the Limitation Act.

Legal Issues

The key legal question in this case was:

• Was the claim for compensation under the Fatal Accidents Act, 1855, barred by limitation?
• Should the limitation period be two years as per Article 82 or three years as per Article 113 of the Limitation Act, 1963?
• Did the lower courts err in dismissing the claim without considering the merits of the case?

Arguments by the Appellants (Damini & Another)

The appellants presented the following arguments:

• Their claim should be governed by Article 113 of the Limitation Act, which allows for a three-year limitation period.
• Since their claim was filed within three years of the date of death, it was within the limitation period.
• The courts should have considered the substance of their claim rather than rejecting it on a technical ground.

Arguments by the Respondents (Jodhpur Vidyut Vitran Nigam Ltd.)

The respondents countered with the following arguments:

• The claim was time-barred under Article 82, which specifically applies to suits filed under the Fatal Accidents Act, 1855.
• Article 113 only applies to cases where no specific limitation period is provided.
• The claim should have been filed within two years from the date of death, and since it was filed in 2011, it was barred by limitation.

Observations of the Supreme Court

The Supreme Court carefully examined the relevant provisions of the Limitation Act. It noted:

‘Once a specific period of limitation is referable to any of the entries in the Schedule to the Limitation Act, 1963, then the residuary Article 113 cannot be invoked.’

The Court further held:

‘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.’

Based on this reasoning, the Court concluded that the appellants’ claim was indeed barred by limitation under Article 82.

Final Judgment

Although the Supreme Court upheld the legal principle that the limitation period was two years, it exercised its special powers under Article 142 of the Constitution of India to grant compensation. The Court stated:

‘Considering the peculiar facts of this case, we invoke our jurisdiction under Article 142 and direct the first respondent to pay Rs. 7 lakhs as compensation to the first appellant within two months from today. If the payment is not made within this period, the appellants shall be entitled to interest at 12% per annum from the date of the accident.’

With this order, the appeal was disposed of, ensuring some relief for the appellants despite the procedural limitation.

Impact of the Judgment

This judgment has significant implications:

• It clarifies that claims under the Fatal Accidents Act, 1855, must be filed within two years.
• It reaffirms that Article 113 of the Limitation Act cannot be applied when a specific provision exists.
• It demonstrates the Supreme Court’s willingness to exercise its powers under Article 142 to ensure justice in exceptional cases.

Conclusion

The Supreme Court’s judgment in Damini vs. Jodhpur Vidyut Vitran Nigam Ltd. reinforces the importance of adhering to statutory limitation periods. However, it also highlights the Court’s role in delivering justice beyond procedural constraints. By awarding compensation under Article 142, the Court provided relief to the appellants while maintaining the integrity of the limitation law.

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