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IN THE HIGH COURT OF KARNATAKA AT KALABURAGI BENCH
SHIVASHANKAR AMARANNAVAR
The commissioner, Jala Nayana Development Authority – Appellant
Versus
Timmappa S/o Huligeppa – Respondent
| Table of Content |
|---|
| 1. compensation claim for drowning due to negligence. (Para 1 , 2) |
| 2. appeals filed against trial court's decision. (Para 3 , 4) |
| 3. dispute over applicability of limitation articles. (Para 5 , 6) |
| 4. interpretation of articles 82 and 113 of limitation act. (Para 8 , 9) |
| 5. judgment upheld, appeals dismissed. (Para 10 , 11) |
JUDGMENT :
SHIVASHANKAR AMARANNAVAR, J.
1. All these four appeals are filed by the appellants-defendant Nos.1 to 8 praying to set aside the Judgment and decree dated 27.08.2018 passed in R.A.No.13/2017, R.A.No.14/2017, R.A.No.15/2017 and R.A.No.16/2017 by the II Additional Senior Civil Judge and JMFC Court, Raichur, (for short ‘the first appellate Court’).
2. The respondents-plaintiffs filed a suit for awarding compensation in respect of death of Yallavva, Chilakamma, Narasingamma and Jyoti, who had gone to graze the cattles near the Krishi Honda and when they had been to drink water, they fell down in Krishi Honda and died on the spot due to drowning, on 21.07.2007. The death of the said four children is due to negligent act of the defendants in not maintaining Krishi Honda properly with all safety measures, in order to avoid untoward incidents. The appell
In negligence claims for death not under the Fatal Accidents Act, suits are governed by Article 113 of the Limitation Act, allowing a three-year filing period.
The court upheld that minors have protections under S.6 of the Limitation Act, enabling them to file claims despite filing deadlines, particularly when negligence is established.
The court held that claims for death due to wrongful acts are governed by the Fatal Accidents Act's limitation period, specifically Article 82 of the Limitation Act.
The suit for compensation under the Fatal Accident Act must be filed within two years from the date of death, as per Article 82 of the Limitation Act.
The Motor Vehicles Act's amendment removing filing time limits for claims indicates that genuine cases should not be dismissed on procedural delays, reflecting Parliament's intent to support accident....
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