LexDAMINI AND ANOTHER versus MANAGING DIRECTOR, JODHPUR VIDYUT VITRAN NIGAM LIMITED AND ANOTHER
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A [2017) 8 S.C.R. 938 DAMINI AND ANOTHER v. MANAGING DIRECTOR, JODHPUR VIDYUT VITRAN NIGAM LIMITED AND ANOTHER B (Civi!Appea!No.12851 of2017) SEPTEMBER 14,2017 (KURIAN JOSEPH AND R. BANUMATHI, JJ.I Limitation Act, 1963 - Art. 82 under Part Vil of the Schedule · C 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 D 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 E 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 VJJ 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 F a specified period of /imitation is referrable 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 G 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. Disposing of the appeal, the Court H HELD: 1. Part VII of the Schedule to the Limitation Act, 938 DAMINI AND ANR. v. MANAGING DIRECTOR, JODHPUR 939 VIDYUT VITRAN NIGAM LTD. AND ANR. 1963 deals with the "suits relating to tort'~. In the instant case, A for a suit for damages under the Fatal Accidents Act, 1855 and Article 82 provides for a specific period of limitation, viz., two years from the date of death of the person. 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 B prescribed under Article 82 of the Limitation Act, 1963. 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.[Paras 8, 10 and 11) (941-G-H; 942-A-B) c 2. However on a query as to whether there is a scheme under the first respondent for providing compensation to the victims, the standing Counsel informed that there is a scheme under the Rules now applicable wherein the legal heirs of the deceased person are entitled to a one-time compensation of Rs.5 lakhs. The accident is of the year 2008. This is a fit case to invoke D jurisdiction under Article 142 of the Constitution of lndJa. The First respondent is directed to pay Rs.7 lakh as compensation to the first appellant. [Para 13) [943-C-D) Jay Laxmi Salt Works (P) Ltd. v. State of Gujarat (1994) E 4 SCC 1 : [1994) 2 SCR 644 - held inapplicable. Case Law Reference [1994) 2 SCR 644 held inapplicabfo Para 12 CIVIL APPELLATE JURISDICTION : Civil Appeal No.12851 of2017. From the impugned final Judgment and Order dated 29.06.2015 passed by the High Court of Judicature for Rajasthan at Jodhpur in S.B. F CivilFirstAppealNo.189/2015. G Balraj Dewan, Adv. for the Appellant. Puneet Jain, Ms.Christi Jain, Priyal Jain, Ms.Pratibha Jain, Advs. for the Respondents. H 940 SUPREME COURT REPORTS [2017] 8 S.C.R. A The Judgment of the Court was delivered by KURIAN, J. I. Leave granted. B 2. What is the period oflimitation for filing a suit or claim under The Fatal Accidents Act, 1855 is the issue arising for consideration in this case. 3. The appellants are the widow and son of one Pradeep Bhai Patel who worked as a driver of a bus. The deceased was driving passengers from Ahmedabad to Rajasthan. When the bus reached a dharamshala, the deceased cli
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