Supreme Court of India · 2017-09-14
DAMINI vs MANAGING DIRECTOR JODHPUR VIDHYUT VITRAN NIGAM LTD
- Citation / case number
- SC 2016/12193
- Court
- Supreme Court of India
- Petitioner
- DAMINI
- Respondent
- MANAGING DIRECTOR JODHPUR VIDHYUT VITRAN NIGAM LTD
- Author
- HON'BLE MR. JUSTICE KURIAN JOSEPH
- Bench
- HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE MR. JUSTICE KURIAN JOSEPH
Judgment text excerpt
The Supreme Court held that claims under the Fatal Accidents Act, 1855 must be filed within two years from the date of death as per Article 82 of the Limitation Act, 1963. The Court clarified that since a specific limitation period is provided for such claims, the residuary Article 113 cannot be invoked. Consequently, the appellants' claim was dismissed as it was filed beyond the stipulated two-year period, affirming the lower court's decision.