Article 82: (Art. 21 of the Act of 1908):
The period of limitation for a suit by executors, administrators or representatives under the Indian Fatal Accidents Act, 1855 is two years and the time of limitation starts from the date of the death of the person killed.
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ADVERTISEMENTS:
In Swaraj Motors (P) Ltd. v. Raman Pillai, (AIR 1968 Ker. 315), it has been held that by virtue of Section 1-A of Fatal Accidents Act, 1855, an action or suit for damages over the death of a person caused by wrongful act, neglect or default of another person shall be for the benefit of wife, husband, parent and child, if any of the person whose death shall have been caused, and shall be brought by and in the name of executor, administrator or representative of the person deceased.
In Ayyappan v. Moklar Singh, (AIR 1970 Mys. 67), it has been held that ‘representative’ in Fatal Accidents Act, 1855 means wife, husband, parent or child of the ‘deceased’ and not his ‘legal representative’ within the meaning of Section 2(11) of the Code of Civil Procedure and a suit could be brought by any one of them for the benefit of others.
A suit for compensation by the representatives of the deceased attracts the Art. 82 when the death of the victims attracts the provision of Fatal Accidents Act, 1855. In Municipal Corporation of Delhi v. Sushila Devi, (AIR 1999 SC 1929), it has been held that when due to negligence of Municipal Corporation, the branch of a tree fell on a person causing his death then the suit for compensation is governed by the Fatal Accidents Act and the suit attracts Art. 82 but not Section 478 of the Delhi Municipal Corporation Act.
When the wife of the deceased filed the suit for compensation for intentional killing of her husband, it is a suit under ordinary civil but not under Fatal Accidents Act and, as such, the suit does not attract the Art. 82 but attracts the Article 113.
ADVERTISEMENTS:
An adopted son is entitled to bring a suit for compensation for the death of his adoptive father under Fatal Accidents Act as the adopted son of Hindu is considered to be the child of his or her adoptive father or mother for all purposes with effect from the date of adoption under the provisions of Section 12 of the Hindu Adoptions and Maintenance Act, 1956.
Under Art. 82, the period of limitation is two years and it starts running from the date of death of the person killed.