- 07-Jun-2025
- Cyber and Technology Law
Filing a claim against a government department or government entity is different from filing a claim against a private individual or business. There are strict time limitations, known as the limitation period, within which a claim must be filed. These time limits vary depending on the nature of the claim, the type of government entity involved, and the specific legal provisions under which the claim is filed.
In India, when filing a claim for personal injury, compensation, or any other legal remedy against a government department, the limitation period is usually governed by the Limitation Act of 1963, but there are important differences due to the involvement of the government. Here are the general rules regarding filing claims against government entities:
Time Limit: Under the Limitation Act, 1963, for claims involving personal injury, property damage, or compensation, the typical limitation period is three years from the date the injury or damage occurred. This means that the injured party must file a lawsuit within three years of the incident or discovery of harm.
Example: If someone is injured due to a defective road maintained by a government department, they have three years from the date of the injury to file a claim for damages.
Exceptions: There are exceptions, such as claims for medical negligence against government hospitals or government departments. In some cases, if the claimant is a minor or legally incapacitated, the limitation period may be extended.
Notice Requirement: Before filing a suit against the government or any governmental authority, the claimant is typically required to serve a notice to the relevant department. This is often a pre-condition for initiating the legal proceedings.
Time Limit for Serving Notice: Under Section 80 of the Code of Civil Procedure, 1908 (CPC), a claimant must serve a 60-day notice to the government before filing a suit in court. This means that before filing a personal injury or compensation claim, you must inform the government department about the intended legal action, and allow 60 days for them to respond.
Example: If someone wants to sue a local municipality for injury due to a faulty public infrastructure, they must send a notice to the municipality at least 60 days before filing the actual lawsuit. If the government does not take action within this period, the claimant can proceed with the suit.
Why This Is Important: This notice period is required to give the government time to review the claim and settle the matter out of court, if possible. Failure to provide the required notice can lead to the rejection of the claim.
Sovereign Immunity: Sovereign immunity refers to the legal doctrine that prevents a person from suing the government without its consent. In India, this principle means that the government cannot be sued in the same way as a private entity unless the government waives this immunity or consents to being sued.
Example: In most cases, a person cannot file a lawsuit against the government for damages caused by actions taken in the exercise of sovereign functions (such as defense, law enforcement, or governance). However, in matters related to contractual obligations or negligence in public services, the government can be sued.
Exceptions to Sovereign Immunity: In practice, governments may waive this immunity in cases of negligence or when their activities involve a private law liability, such as injury caused by the state’s failure to maintain roads or provide services.
Example: A person who is injured due to a poorly maintained public road may have a valid claim, even though the government is protected by sovereign immunity in many other matters.
Public Sector Enterprises (PSEs): Claims against Public Sector Enterprises (like BSNL, Air India, etc.) or government-owned corporations are generally treated similarly to claims against private entities. These organizations can be sued in the same way as any other corporation, and the Limitation Act applies. However, some special provisions may apply depending on the organization’s specific statutes or rules.
Example: If a person is injured due to defective goods manufactured by a government-owned company, the standard three-year limitation period under the Limitation Act may apply.
Jurisdiction for Government Claims: Generally, claims against the government are filed in civil courts, but in certain cases, claims may need to be filed in specialized tribunals or forums, such as consumer courts or administrative tribunals, depending on the nature of the claim.
Example: If the claim involves government negligence in consumer services, it might be filed in a consumer forum, while claims related to employee grievances may be taken to an industrial tribunal.
Claims Related to Constitutional Violations: In cases where there is an alleged violation of fundamental rights under the Constitution of India, there is generally no strict limitation period, and a claim can be filed directly in the Supreme Court or High Court under Article 32 or Article 226 of the Constitution.
Example: If a government action is unconstitutional or violates a person’s fundamental rights (e.g., illegal detention or wrongful denial of benefits), the affected person can file a petition directly in the court without adhering to the regular limitation periods.
A person is injured due to an accident caused by a defective road maintained by the public works department. To file a personal injury claim against the government:
Filing a claim against a government department in India requires adherence to specific procedures and time limitations. The Limitation Act sets a general period of three years for personal injury claims, but additional procedures like serving a 60-day notice to the relevant department must also be followed. Sovereign immunity may limit certain claims, but exceptions exist for negligence or contractual claims. It is important to consult legal experts familiar with government-related claims to ensure that all procedures are properly followed within the stipulated time limits.
Answer By Law4u Team
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