DHANUSDHARI YADAV Vs. BUDHSAI

JUDGEMENT

(1.) Heard.

(2.) Challenge in this appeal is to the order dtd. 6/8/2013 passed by Third Additional District Judge, Ambikapur, Surguja whereby a suit seeking compensation for electrocution death of a child was dismissed at the first date of hearing.

(3.) A case was filed by one Dhanushdhari Yadav against the respondents that on 7/7/2010, his only son namely Ashosk Yadav, who was aged about 7 years, died of electrocution. It was pleaded that on 7/7/2010 he went for study to school at Kudkel and during recess while playing he went to answer the call of nature to the land of the respondents wherein an open live wire was on the field. He came into contact with such wire, got electric shock, resulting into his death. It was stated that the respondent has acted gross negligently which caused death of son of the appellant, therefore, suit for compensation was filed. The suit was filed on 29/1/2013 with a pleading that the suit could not be filed within one year as such, a separate application under Sec. 14 of the Limitation Act 1963 is attached to condone the delay. Along with the plaint, an application under Sec. 33 of the CPC was also filed to sue as an indigent person. The learned trial Court, before the case was registered as a civil suit, dismissed it by order dtd. 6/8/2013 holding that the suit is barred by time.