- (1.) THIS appeal arises out of a suit for recovery of Rs. 20,000.00 as compensation under the Indian Fatal Accidents Act (XIII of 1855).
(2.) ON 26-2-1966 one sheo Ram Singh came in contact with a bare live overhead conductor of 11 K. W. which was lying on the ground having got snapped earlier in the night and got electrocuted. He was survived by his widow Smt. Bari Bitia and a minor son, Sheo Nath Singh. They filed a suit for recovery of the said compensation on the ground that the defendant Electricity Board, was negligent in maitaining the electric installation and in allowing the said overhead conductor to remain lying live for a long period. This suit was filed on 30-11-1968, that is, beyond the period of limitation. Sheo Nath Singh, minor, however, claimed the benefit of Section 6 of the Limitation Act. The suit was resisted by the Electricity Board on a variety of grounds. It was pleaded by the defendant Board that it was not guilty of any negligence, that the amount of compensation claimed was too excessive, and that the suit was barred by limitation.
(3.) THE trial court on an appreciation of the evidence found that the accident occurred on account of the negligence of the Board, and that the amount claimed by way of compensation was not excessive. It, however, held that the suit was barred by time and consequently dismissed it.;