VidhiSangh

Supreme Court of India · 14/09/2017

DAMINI AND ANOTHER versus MANAGING DIRECTOR, JODHPUR VIDYUT VITRAN NIGAM LIMITED AND ANOTHER

[2017] 8 S.C.R. 938 · 2017 INSC 909

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Summary

The widow and son of an electrocuted bus driver filed a Fatal Accidents Act claim nearly three years after his death. The Court held that the specific two-year limitation under Article 82 governed, excluding the residuary three-year provision. In the peculiar circumstances it nevertheless awarded Rs. 7 lakh under Article 142, expressly without precedential effect.

Issues

  1. Whether a Section 1A Fatal Accidents Act suit was governed by Article 82 or residuary Article 113.
  2. Whether case-specific compensation should be awarded under Article 142 despite the limitation ruling.

Provisions considered

Held

Result

Appeal disposed of. First respondent directed to pay Rs. 7 lakh to the first appellant within two months, with the specified default-interest consequence. No costs; exceptional compensation order expressly non-precedential.

Judgment PDF: Supreme Court of India, [2017] 8 S.C.R. 938.