Limitation Act, 1963 – ss.5, 6 – Legal Disability – Death of wife in motor vehicle accident – Claim petition by the husband and two minor children – Tribunal awarded compensation – Thereagainst, after 10 years, children alone preferred appeal before High Court, wherein one child had attained majority five years back – High Court enhanced compensation – Correctness: Held: Appeal filed before the High Court was grossly delayed and hence not maintainable – s.6 enables a person disabled, by reason of minority, etc., to institute a suit or make an application for the execution of a ‘decree’, within the period of limitation provided, after the disability has ceased – Provision applies only with respect to a suit or an application for the execution of a decree and not in an appeal or any other proceeding – Impliedly, the exemption by reason of a disability applies to the institution of an original proceeding or an application for execution of a final decree, which will not apply in the case of an appeal – Father as the natural guardian has instituted the original proceeding before the tribunal, with both the minor children in the party array of claimants, represented by the father, the natural guardian – Father who is the natural guardian took a conscious decision not to file an appeal and was satisfied with the award – Intention of the legislature being very clear, it is not for the courts to extend the period of limitation on misplaced sympathies – Even s.5 has no application in the facts of the case, insofar as the long delay occasioned, especially when in the original proceedings, the children were represented by the father, the natural guardian – Judgment of the Single Judge of the High Court set aside – Motor Vehicles Act, 1988 – s.166. [Paras 9, 12, 13]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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