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Showing posts with label
1855
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Showing posts with label
1855
.
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Friday, September 15, 2017
Fatal accident Claim - When the deceased was on the rooftop, a naked electricity wire touched his hand. Due to the electrocution, the deceased fell down from the roof of the bus. Thereafter, he was rushed to the hospital where he was declared dead = What is the period of limitation for filing a suit or claim under The Fatal Accidents Act, 1855 = Therefore, the suit under Section 1A of the Fatal Accidents Act, 1855 has to be filed within two years.- whether there is a scheme under the first respondent for providing compensation to the victims, the learned standing Counsel has informed us that there is a scheme under the Rules now applicable wherein the legal heirs of the deceased person are entitled to a one-time compensation of Rs.5 lakhs. The accident is of the year 2008. Therefore, we are of the view that it is a fit case to invoke our jurisdiction under Article 142 of the Constitution of India and grant Rs. 7 lakhs as compensation. The first respondent shall pay this amount to the first appellant within two months from today otherwise the appellants will be entitled to interest of 12 per cent per annum from the date of the accident and the officers responsible for the delay shall be personally liable for the same. We make it clear that this order is passed under the peculiar facts of this case and hence, it is not to be treated as a precedent.
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 12851 OF 2017 (Arising out of S.L.P.(C) No. 26011 of 2016) DAMI...
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