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GOUTAM BHADURI, N. K. CHANDRAVANSHI
Dhanusdhari Yadav S/o Amritlal – Appellant
Versus
Budhsai S/o Bhole Uraon – Respondent
ORDER :
Goutam Bhaduri, J
1. Heard.
2. Challenge in this appeal is to the order dated 06.8.2013 passed by Third Additional District Judge, Ambikapur, Surguja whereby a suit seeking compensation for electrocution death of a child was dismissed at the first date of hearing.
3. A case was filed by one Dhanushdhari Yadav against the respondents that on 07.7.2010, his only son namely Ashosk Yadav, who was aged about 7 years, died of electrocution. It was pleaded that on 07.7.2010 he went for study to school at Kudkel and during recess while playing he went to answer the call of nature to the land of the respondents wherein an open live wire was on the field. He came into contact with such wire, got electric shock, resulting into his death. It was stated that the respondent has acted gross negligently which caused death of son of the appellant, therefore, suit for compensation was filed. The suit was filed on 29.01.2013 with a pleading that the suit could not be filed within one year as such, a separate application under Section 14 of the Limitation Act 1963 is attached to condone the delay. Along with the plaint, an application under Section 33 of the CPC was also filed to sue as an indigen
The main legal point established in the judgment is the application of the principle of strict liability in cases of electrocution death and the assessment of compensation based on the concept of con....
The court clarified that the limitation period for filing suits was extended due to the pandemic, and the Trial Court's dismissal of the suit as time barred was incorrect.
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 court upheld the trial court's decision, ruling that the defendants could not raise a limitation defense not presented at trial, and that plaintiffs proved negligence in the electrocution case.
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.
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.
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