AMALGAMATED COAL FIELDS LTD Vs. CHHOTIBAI

JUDGEMENT

(1.) THIS appeal arises from a judgment and decree of the Additional District Judge, Chhindwara, awarding Rs. 9,000/- as damages to the plaintiffs. Cross objections have been filed by the plaintiffs for enhancing the amount of damages.

(2.) RESPONDENT No. 1, Mst. Chhotibai, is the widow, and respondents 2 to 6 are the daughters, of deceased Laxmiprasad, who was employed as Line Mazdoor in the Datla West Colliery belonging to the appellant-Company. He was suffering from acute anaemia. He was admitted to the Barkuhi hospital which is managed by the appellant Company. He died on or about June 2, 1962 in suspicious circumstances. The post-mortem examination revealed that he died of poisoning. Dr. Grewal (respondent No. 7) is the Chief Medical Officer of that hospital.

(3.) IT is first contended for the appellant that the suit was barred by time as it was instituted on August 27, 1963 while the death of Laxmiprasad occurred on June 2, 1962. Article 21 of the Limitation Act, 1908, applies. This objection was not taken in the written statement nor in the memorandum of appeal in this Court. However, it being a question of law, we permitted the appellant to raise that question inspite of the respondents' opposition.