VidhiSangh

Supreme Court of India · 07/04/2025

THE NEW INDIA ASSURANCE CO. LTD. versus GOPU & ANR.

[2025] 5 S.C.R. 169 · 2025 INSC 511

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Summary

The Supreme Court set aside a Kerala High Court order that had entertained, about ten years out of time, an appeal for enhancement of motor accident compensation filed by the deceased's children after they attained majority. The legal-disability exemption in Section 6 of the Limitation Act, 1963 applies only to suits and applications for execution of a decree, not to appeals, and Section 5 did not assist where the children had been represented throughout the original claim by their father as natural guardian.

Issues

  1. Whether Section 6 of the Limitation Act, 1963 (legal disability) extends the time for filing an appeal by a claimant who was a minor when the original claim petition was instituted through a natural guardian.
  2. Whether a delay of about ten years in filing the appeal against the Tribunal's award could be condoned under Section 5 of the Limitation Act, 1963 on the facts.

Provisions considered

Held

Result

Appeal allowed; the High Court's judgment enhancing the compensation to Rs 14,95,000 set aside, the claimants' MACA appeal being held grossly delayed and not maintainable.

Judgment PDF: Supreme Court of India, [2025] 5 S.C.R. 169.