2024:CGHC:37766-DB AFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA No.162 of 2022 Judgment reserved on : 03.09.2024 J udgment delivered on : 25 .09.2024

1 - Johan Lal Suryawanshi, S/o Bhagbat Suryawanshi, Aged About 53 Years

2 - Rahul Kumar Suryawanshi S/o Johan Lal Surawanshi Aged About Digitally 22 Years signed by RAMAKANT NIRALA Both are by Caste Suryawanshi, R/o Ward No.2, Darri Para, Naila, Chowki Naila, Police Station and Tahsil Janjgir, District Janjgir-Champa, Chhattisgarh Appellants versus

1 - The Chief Manager, Chhattisgarh State Electricity Distribution Company Limited, Dagania, Raipur (C.G.)

2 - Chhattisgarh State Electricity Distribution Company Limited, Champa Through Executive Engineer (Resource and Information), Champa, P.S. and Tahsil Champa (C.G.)

3 - State Of Chhattisgarh Through the Collector, District Janjgir-

Champa (C.G.)

... Respondents For Appellants : Mr. Aditya Khare, Advocate For Respondent-State : Mr. Kishan Lal Sahu, Dy. GA For Respondent Nos.1 & 2 Mr. Raja Sharma, Advocate Hon’ble Smt. Justice Rajani Dubey H on’ble Shri Justice Sanjay Kumar Jaiswal

C A V Judgment

Per 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 1^st 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, Janjgır, 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 limitation, against which the present appeal has been filed.

3. Learned counsel for the appellants submits that the learned Trial Court has wrongly dismissed the suit of the appellants/plaintiffs on the ground of limitation. while filing suit, it was specifically mentioned that due to pandemic Covid-19, the appropriate government had declared lockdown time to time. The Hon'ble Supreme Court has registered Suo-Motu Writ Petition (C) No.3 of 2020 and the period from 15.03.2020 to 28.02.2022 has been excluded for counting limitation for filing suit, appeal, revision or any application before the courts and in the instant case, the deceased died during pandemic period on 24.06.2020, therefore the limitation is going to be counted from 28.02.2022 for filing suit and therefore the suit filed by the appellants/ plaintiffs on 12.09 2022 is within limitation, as such the impugned order is illegal and against the provisions of the Limitation Act as well as guidelines of the Hon’ble Apex Court and this Court. Reliance has been placed on the order passed by the Hon’ble Apex Court dated 10.01.2022 passed in Misc Application No.21/2022 in suo motu WPC No.3/2020, this Court’s order dated 27.01.2022 passed in FA No.63/2021 in case of Chhattisgarh State Power Distribution Company Limited vs Smt. Hemlata Netam and others, and order dated 24.01.2024 passed in FA No.151/2023 in case of Rameshwari and others vs Junior Assistant Engineer and others

4. Learned counsel for the respondents strongly oppose the submission made by the appellants’ counsel and jointly submit that the learned Trial Court has rightly dismissed the case of the appellants on the limitation ground. The deceased Ravi Suryavanshi die