DAMINI – Appellant
Versus
MANAGING DIRECTOR, JODHPUR VIDYUT VITRAN NIGAM LIMITED – Respondent
JUDGMENT
KURIAN, J.:
Leave granted.
2. What is the period of limitation 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 climbed the rooftop of the bus to bring down the luggage of the passengers. When the deceased was on the rooftop, a naked electricity wire touched his hand. Due to the electrocution, the deceased fell down from the roof of the bus. Thereafter, he was rushed to the hospital where he was declared dead by the doctors. The cause of death was the contact with the live electricity wire.
4. The appellants filed an application under Section 1A of the Fatal Accidents Act, 1855 before the District Judge, Jaisalmer, Rajasthan claiming Rs. 22, 68, 000/-towards damages. The claim was resisted on the ground of limitation among other grounds.
5. Accordin
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