Period Of Limitation Under Residuary Article 113 Of Limitation Act Can't Be invoked if There Is Specific Entry In The Schedule [Read Judgment]
In a case pertaining to claim under Fatal Accidents Act, the Supreme Court held that period of limitation under residuary Article 113 cannot be invoked if there is any other specific entry governing the case. The claimants wanted a larger period of limitation of three years under Article 113, and tried to contend that the period of limitation of two years under Article 82 was not applicable...
In a case pertaining to claim under Fatal Accidents Act, the Supreme Court held that period of limitation under residuary Article 113 cannot be invoked if there is any other specific entry governing the case. The claimants wanted a larger period of limitation of three years under Article 113, and tried to contend that the period of limitation of two years under Article 82 was not applicable to the case.
The claim was raised against Jodhpur Vidhyut Vithran Nigam Ltd., in respect of the death of a person who died of electrocution by touching a naked electric wire, while he was travelling on the roof top of a bus. The claim was raised by the widow and children of the deceased two years after the date of death, but within three years therefrom. The claim was dismissed as time-barred.
The contention of the claimants was that Article 113 of the Limitation Act should be applied. Article 113 is a residuary provision, providing for limitation for suits for which no period of limitation has been provided for in the schedule of the Limitation Act. As per Article 113, period of limitation for such miscellaneous suits is three years from the date when right to sue accrued.
The Court held that the claim would be governed by Article 82 of the Schedule, which specifically dealt with claim of compensation under Fatal Accidents Act by executors, administrators or representatives under the Fatal Accidents Act. The period of limitation provided was two years from the date of death. So, it was held that when a specific provision was available, resort to residuary clause under Article 113 was not possible.
The claimants placed reliance on Jay Laxmi Salt Works(P) Ltd. vs. State of Gujarat (1994) 4 SCC 1 to contend that period of limitation for a tortious claim was three years. However, the said decision was distinguished, pointing out that it was a case for damages for loss of damage to a property, and not a case under Fatal Accidents Act. For a case of general damages under tortious claim, the period of limitation will be three years. But, in case of death, it is governed by Fatal Accidents Act, for which there is a specific provision available as Article 82. It was observed as hereunder:-
Once a specific period of limitation is referrable to any of the entries in the Schedule to the Limitation Act, 1963, then the residuary Article 113 cannot be invoked. In the instant case, for a suit for damages under the Fatal Accidents Act, 1855 Article 82 provides for a specific period of limitation, viz., two years from the date of death of the person.
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