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september 2017

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.

DAMINI vs MANAGING DIRECTOR JODHPUR VIDHYUT VITRAN NIGAM LTD · Niyam