Where one of several persons jointly entitled to make an application is under a disability and discharge can be given without the concurrence of such person under disability, then alone time will run against them all.

( 1 ) THE short question involved in this petition is as to the meaning and scope of section 7 of the Limitation Act, 1563, with reference to the proviso to sub-section (3) of section 110-A of the Motor Vehicles Act, 1939.

( 2 ) ON September 12, 1965, at about 5. 45 P. M. one Mr. Dalpat Singh, while travelling in a passenger bus, fell down and was run over under the rear wheel of the bus due to the alleged negligence on the part of the driver of the bus. The deceased left two minor sons Ramesh and Banchhu aged 8 years and 5 years respectively and a widow. On April 22, 1966, the two minor sons filed an application under section 110- A of the Motor Vehicles Act, 1939, against Bishan Dass driver of the bus and Messrs Safety Bus Service (P) Ltd. Sub-section (3) of section 110-A provided that no application for compensation under this section shall be entertained unless it was made within sixty days of the occurrence of the accident with proviso that the Claims Tribunal may entertain it if it is satisfied that the applicant was prevented by sufficient cause from making the application within time. In answer to the claim, the respondents contended that it was barred by time. The learned Motor Accidents Claims Tribunal framed a preliminary issue on the question of limitation and by the impugned order dated November 21, 1966, decided it in favour of the claimants as according to the Tribunal there was sufficient cause within the meaning of this proviso. This revision is directed against this order.

( 3 ) IN order to bring the case within the proviso to sub-section (3) of the section 110-A the petitioners pleaded :

(I) That their mother, after the death of their father Dalpat Singh, had become of unsound mind and, therefore, could not file the claim ; (ii) That the police authorities had colluded with the respondents and had not registered a case until after the intervention of some social workers so that the claim could not be filed in time ; (iii) That the petitioners were minors and they could not file the claim within the prescribed time on account of their minority.

( 4 ) THE learned Tribunal found on evidence produced that it was not proved that the mother of the petitioners had become of unsound mind also that the question of collusion of the police and the alleged failure to register the case was wholly irrelevant and could not extend time for the filing of the claim for compensation. On the last contention it held that as the petitioners were minors, provisions of section 6 of the Limitation Act, 1963 were attracted and the application was therefore, within time.

( 5 ) MR. Dhanda, learned counsel for the petitioners has urged that the Tribunal was in error in ignoring the provisions of section 7 of the Limitation Act, 1963. The claim for compensation on the death of Dalpat Singh, the learned counsel said, was a joint claim by the two minors and the widow of the deceased. The widow, he said, was under no disability and could have filed the application under section 110-A of the Motor Vehicles Act, 1939 and, therefore, was competent to give a discharge within the meaning of section 7 of the Limitation Act with the result that section 6 of this Act did not operate to save the prescribed limitation.

( 6 ) AFTER hearing the learned counsel for the parties, I am unable to sustain the submission. Section 6 of the Act provides that where a person entitled to institute a a suit or make an application for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, he may institute the Suit or make the application within the same period after the disability had ceased, as would otherwise have been allowed from the time specified therefor. Relevant part of section 7 then reads as under.

"where one of several persons jointly entitled to institute a suit or make an application for the execution of a decree is under any such disability, and a discharge can be given