Partly allowed

Shyam Lal v. Addi District Judge and Ors.

Rajasthan HC10 Sept 2014CW/13911/2013

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed a writ petition filed by Shyamlal as withdrawn. The petitioner challenged an order dismissing his Fatal Accidents Act claim due to survival. The court allowed withdrawal and granted liberty to file a fresh claim, clarifying entitlement to limitation benefit.

What did the court decide?

Writ petition dismissed as withdrawn. Liberty granted to file a fresh claim petition for injuries. Benefit of Section 14 of Limitation Act clarified.

Shyam Lal Vs Addi District Judge and… — Constitutional and Fundamental Rights | Rajasthan HC (2014)

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S.B. CWP No. 13911/2013

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I N THE HI GH COURT OF JUDI CATURE FOR RAJASTHAN AT JAI PUR BENCH, JAI PUR

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O R D E R

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S. B. Ci vi l Wr i t Pet i t i on No. 13911/ 2013 Shyamlal vs. The Addl. District Judge, Gangapur City, District Sawai Madhopur (Rajasthan) & Ors.

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Date of Order :

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10^th September, 2014

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HON' BLE MR. JUSTI CE R. S. CHAUHAN

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Mr . Shyaml al , t he pet i t i oner , pr esent i n per son.

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Mr . Shyaml al , t he pet i t i oner i s pr esent bef or e t hi s Cour t .

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The pet i t i oner has chal l enged t he or der dat ed 2. 5. 2013 passed by t he Addi t i onal Di st r i ct Judge, Gangapur Ci t y, Sawai Madhopur , wher eby she has al l owed an appl i cat i on f i l ed by t he r espondent under Or der 7 Rul e 11 CPC and has r et ur ned t he pl ai nt and di smi ssed t he sui t as not mai nt ai nabl e.

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The br i ef f act s of t he case ar e t hat on 19. 5. 2009 ar ound 7: 30 AM, whi l e t he pet i t i oner was answer i ng t he cal l of nat ur e i n hi s agr i cul t ur al f i l ed, al l egedl y Raj dhani Expr ess was r unni ng on t he r ai l way t r ack. Whi l e t he t r ai n was r unni ng, an i r on key br oke of f t he r ai l way t r ack and hi t t he pet i t i oner ' s l ef t l eg bel ow hi s knee. Thus, t he pet i t i oner suf f er ed gr i evous i nj ur i es. The pet i t i oner pr ef er r ed a cl ai m pet i t i on under t he Fat al Acci dent Act , 1855. However , t he r espondent No. 2, t he Uni on of I ndi a, f i l ed an appl i cat i on under Or der 7 Rul e 11 CPC, wher ei n t hey cl ai med t hat t he cl ai m

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S.B. CWP No. 13911/2013

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pet i t i on was not even mai nt ai nabl e under t he sai d Act as i t i s i mper at i ve under Sect i on 1A of t he Act t hat cl ai m pet i t i on can be f i l ed onl y on t he deat h of a per son. Fur t her , as t he pet i t i oner was mer el y i nj ur ed and had not di ed, t he cl ai m pet i t i on was not mai nt ai nabl e. Accept i ng t he cont ent i on r ai sed by t he r espondent No. 2, by or der dat ed 2. 5. 2013, t he l ear ned Judge di smi ssed t he cl ai m pet i t i on. Hence, t hi s pet i t i on bef or e t hi s Cour t .

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Mr . Shyaml al , t he pet i t i oner wi shes t o wi t hdr aw t hi s pet i t i on wi t h t he l i ber t y t o f i l e a f r esh cl ai m pet i t i on bef or e t he concer ned Tr i bunal f or t he i nj ur i es suf f er ed by hi m due t o a t r ai n. But , he i s af r ai d t hat hi s cl ai m pet i t i on may be hi t by l i mi t at i on, as he has been pur sui ng hi s r emedy bef or e a wr ong f or um.

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Ther ef or e, t hi s wr i t pet i t i on i s di smi ssed as wi t hdr awn. The l i ber t y i s gr ant ed t o hi m t o f i l e a f r esh cl ai m pet i t i on bef or e t he concer ned Tr i bunal . I t i s al so her eby cl ar i f i ed t hat t he benef i t of Sect i on 14 of t he Li mi t at i on Act shoul d be pr ovi ded t o hi m, as he has been pur sui ng hi s l egal r emedy bef or e a wr ong f or um.

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Mak/-

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All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.”

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Anil Makawana

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P.A.

Shyam Lal v. Addi District Judge and Ors.

Case brief

What is this about?

What did the court decide?

Shyam Lal v. Addi District Judge and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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