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2015 Supreme(Online)(Gau) 41

TRIPURA HIGH COURT
Arindam Lodh, J
Sipra Banik and Others v. Chairman-Cum-Managing Director Tripura State Electricity Corporation Limited and Others


Advocates:
For the Appellants/Petitioners: Sri Arijit Bhowmik
For the Respondents: Ms. S. Deb Gupta

Table of Content
1. claim filed for death due to electrocution must adhere to statutory limitation. (Para 1 , 2 , 3)
2. dispute over applicable limitation period; arguments for 2 vs. 3 years. (Para 4 , 5)
3. court clarifies distinctions in limitation statutes and applicable legal principles. (Para 6 , 7 , 8 , 9 , 10 , 11)
4. final ruling confirms dismissal based on limitations of the fatal accidents act. (Para 12 , 19)
5. court emphasizes adherence to statutory interpretations in claims of wrongful death. (Para 18)

1. This appeal by the plaintiff - appellants is directed against the judgment and decree dated 20th April, 2013/25 th April, 2013 passed by the learned Civil Judge (Senior Division), South Tripura, Udaipur in Money Suit No. 05 of 2012 whereby the suit of the plaintiff has been dismissed holding that the same has been filed beyond the period of limitation. On merits also the learned trial Court has dismissed the suit.

2. Briefly stated, the allegations made in the plaint are that the plaintiff No.1 is the widow, plaintiffs 2 and 3 are the sons and plaintiff No.4 is the daughter and pro forma - defendant is the mother of the deceased, Arun Chandra Banik alias Arun Banik. Accordin





































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