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RAKESH MOHAN PANDEY
Chhattisgarh State Power Distribution Company Limited – Appellant
Versus
Ku. Seema Kosle, D/o. Daneshwar Kosle – Respondent
JUDGMENT :
Rakesh Mohan Pandey, J.
1. In the present case, the applicants/defendants have challenged the judgment and decree passed by the learned First Additional District Judge, Mungeli (C.G.) in Civil Suit No.2B/2019 dated 11.12.2023 whereby the civil suit filed by the plaintiff under Section 1-A of the Fatal Accidents Act, 1855 was allowed and compensation of Rs.17,51,319/- was awarded in favour of the plaintiff.
2. In the present case, notices were issued to the plaintiff and defendant No. 3. The counsel appearing for the plaintiff raised an objection to the effect that the civil revision against the judgment and decree passed by the learned First Additional District Judge, Mungeli (C.G.) in a regular civil revision is not maintainable and an appeal would lie according to the provisions of Section 96 read with Order 41 of CPC.
3. The facts of the present case are that the plaintiff filed a civil suit before the learned Trial Court inter alia on the ground that on 25.07.2017 at about 12 at noon when the plaintiff was carrying water, she came in contact with 11KV wire hanging there and sustained grievous injuries on account of electrocution. It is further pleaded that she was taken
The Fatal Accidents Act allows claims for injuries, not just death, and appeals can be filed under the CPC where the Act does not provide a remedy.
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.
No authority for a Tribunal under the Fatal Accidents Act, 1855 exists; the learned District Judge's decisions were jurisdictionally invalid.
Writ jurisdiction under Article 226 can be exercised for compensation in cases of negligence by state functionaries when facts are not disputed, emphasizing enforcement of legal rights.
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