RAM SARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) CM Nos. 16888-91/2013

(2.) The facts of the case are that appellant/plaintiff is the father of one Sh. Kamal Kishore. Sh. Kamal Kishore is said to have died on 11.9.2001 while cleaning a safety/septic tank/sewar line at the CRPF Camp, Bawana, Delhi. Appellant/plaintiff alleges negligence because Sh. Kamal Kishore's son died on account of poisonous smell given out of the septic tank/safety tank/sewer line and hence the subject suit for tort of damages was filed.

(3.) Since the subject suit was filed on 23.9.2005, and the death had taken place on 11.9.2001 when the cause of action accrued as per Article 113 of the Limitation Act, 1963 by the impugned judgment dated 8.9.2009, the suit has been dismissed as barred by limitation.