Case Note & Summary
The case involves a suit for compensation filed by the respondents (plaintiffs) against the appellants (defendants), the Maharashtra State Electricity Distribution Company Limited and its officers, for the death of two family members due to electrocution on 9-6-1990. The plaintiffs claimed that on that date, the deceased father and brother came into contact with a live wire while in a field, resulting in their deaths. The suit was filed on 27-10-1994 seeking Rs.2,00,000/- as compensation. The defendants did not file a written statement. The trial court dismissed the suit as barred by limitation under Article 82 of the Limitation Act, 1963, which prescribes a one-year period for suits for compensation for wrongful act resulting in death. The first appellate court reversed this finding, holding the suit within limitation, and decreed the suit with compensation. The High Court in second appeal examined the limitation issue. It noted that the deaths occurred on 9-6-1990 and the suit was filed on 27-10-1994, beyond one year. The court rejected the plaintiffs' argument that the limitation period should run from the date of knowledge of the cause of action, as Article 82 specifically provides for one year from the date of death. The court also noted that the plaintiffs did not seek any extension under Section 5 of the Limitation Act. Consequently, the High Court allowed the appeal, set aside the decree of the first appellate court, and restored the trial court's dismissal of the suit. The court did not examine the merits of negligence or compensation.
Headnote
A) Limitation Act - Suit for Compensation for Wrongful Act Resulting in Death - Article 82 - Period of Limitation - The suit for compensation for death due to electrocution must be filed within one year from the date of death. The court held that the suit filed on 27-10-1994 for deaths occurring on 9-6-1990 was beyond the prescribed period of one year and thus barred by limitation. (Paras 5-8) B) Electricity Law - Negligence - Compensation for Electrocution Death - The first appellate court found the defendants negligent in maintaining electricity supply, but the High Court did not examine this issue as the appeal was allowed on limitation alone. (Para 4)
Issue of Consideration
Whether the suit for compensation for death due to electrocution was barred by limitation under Article 82 of the Limitation Act, 1963, and whether the first appellate court erred in holding the suit within limitation.
Final Decision
Appeal allowed. Decree of first appellate court set aside. Suit dismissed as barred by limitation. No order as to costs.
Law Points
- Limitation Act
- 1963
- Article 82
- Suit for compensation for wrongful act resulting in death
- Period of limitation one year
- Date of death as starting point
- Negligence of electricity company
- Burden of proof
