Dismissed

Govind Ram and Ors. v. R S E B Jaipur

Rajasthan HC22 Nov 2022CFA/90/2000

Case brief

AI extract

What is this about?

The High Court dismissed a first appeal against a judgment granting interim damages. Holding that the suit barred by the two-year limitation period under Section 1-A of the Fatal Accidents Act, the court affirmed the original award as no cross-objection challenged the interim payment.

What did the court decide?

Interim damages of Rs.50,000 granted in the first instance were undisputed and thus affirmed; remaining relief sought by appellants dismissed.

Govind Ram and Ors. Vs R S E B Jaipur — Company and Corporate | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil First Appeal No. 90/2000

¶3

Govind Ram son of Sharwan, resident of Village Samer, Tehsil Dantaramgarh, District Sikar (Rajasthan)

¶4

Gopal son of Sharwan, resident of Village Samer, Tehsil Dantaramgarh, District Sikar (Rajasthan)

¶5

Kana Ram son of Sharwan, resident of Village Samer, Tehsil Dantaramgarh, District Sikar (Rajasthan)

¶6

Shrawan son of Sharwan, resident of Village Samer, Tehsil Dantaramgarh, District Sikar (Rajasthan)

¶7

----Appellants-plaintiffs

¶8

Versus

¶9

Rajasthan State Electricity Board, Jaipur through its Chairman 2. Executive Engineer, Rajasthan State Electricity Board, Ringus District Sikar (Rajasthan)

¶10

Assistant Engineer, Rajasthan State Electricity Board, Khatushyam Ji Tehsil Dantaramgarh, District Sikar (Rajasthan)

¶11

----Respondents-defendants

¶12

For Appellant(s) : Mr. Deepak Sharma on behalf of Mr. Rajendra Prasad, Sr. Advocate For Respondent(s) : Mr. Ashwinee Kumar Jaiman

¶13

HON'BLE MR. JUSTICE SUDESH BANSAL

¶14

Judgment

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22/11/2022

¶16

This first appeal under Section 96 CPC has been filed against the judgment and decree dated 6.11.1999 passed by the Additional District Judge No.1, Sikar in Suit No.3/1999, whereby and whereunder suit for damages filed by appellants-plaintiffs has been partly allowed and damages to the tune of Rs.50,000/- were granted, although the suit under Fatal Accidents Act, 1855 was not filed within a period of two years from the date of the accident.

¶17

(2 of 2)

¶18

[CFA-90/2000]

¶19

The Apex Court in case of Damini Vs Managing Director, Jodhpur Vidyut Vitran Nigam Ltd. [(2017) 9 SCC 443] held that the suit under Section 1-A of the Fatal Accidents Act, 1855 has to be filed within two years. Therefore, the suit filed by appellants-plaintiffs itself is barred by limitation, as the same was filed after 2 years and 4 months.

¶20

Learned counsel for the appellants is not in a position to controvert the settled position of law regarding the suit to be filed within a period of two years from the date of accident.

¶21

Since there is no cross objection and respondents have not challenged the impugned judgment awarding interim damages to the tune of Rs.50,000/- which was already disbursed to claimants, this court is not inclined to interfere with the impugned award.

¶22

There is no merit in the first appeal and the same is dismissed.

¶23

All pending application(s), if any, also stand(s) disposed of.

¶24

NITIN /83

Govind Ram and Ors. v. R S E B Jaipur

Case brief

What is this about?

What did the court decide?

Govind Ram and Ors. v. R S E B Jaipur

Case brief

What is this about?

What did the court decide?

What the court decided

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