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RAJANI DUBEY, SANJAY KUMAR JAISWAL
Johan Lal Suryawanshi, S/o Bhagbat Suryawanshi – Appellant
Versus
Chief Manager, Chhattisgarh State Electricity Distribution Company Limited – Respondent
JUDGMENT :
Rajani Dubey J.
1.The present appeal has been filed by the appellants/plaintiffs against the order dated 14.09.2022 passed by the learned 1st Additional District Judge, Janjgir, District Janjgir-Champa (C.G.) in Filing No.466/2022, whereby the suit of the plaintiffs has been dismissed as time barred. (The parties herein shall be referred as per their status before the Trial Court.)
2.Brief facts of the case are that on 12.09.2022, the appellants/plaintiffs filed suit claiming compensation to the tune of Rs.22,44,000/- from the respondents/defendants for the death of Ravi Suryawanshi occurred due to electrocution. The deceased Ravi Suryawanshi was working as Mason and on 24.06.2020 the deceased along with friend Mason Chaitram Suryawanshi went to Kulipota for mason work, where during work, the foot of deceased slipped and he fell in the transformer, due to which he suffered electric shock and he was taken to District Hospital, Janjgir, where he declared dead. At the time of accident, the deceased was aged about 26 years and he used to earn Rs.400/- per day. The learned Trial Court vide impugned order dated 14.09.2022 dismissed the case of the appellants on the ground of limi
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 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 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 main legal point established in the judgment is that the principle of res ipsa loquitur can be applied to establish negligence in cases of electrocution. The court also emphasized the liability o....
The court established that procedural defects should not defeat a just cause, emphasizing the importance of negligence in determining liability for damages.
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.
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