VT Singham J

This is an appeal by the appellants against the decision of the learned Sessions Court judge, Kuantan, wherein the appellants’ application to strike out the respondents’ claim against the appellants on the ground that the ‘cause of action’ was time barred under s 6(1)(a) Limitation Act 1953O 14 r 21(1)(a) of the Subordinate Courts Rules 1980 on the ground that it discloses no reasonable cause of action. For the purpose of this judgment, the appellants and the respondents will be referred to as the defendants and plaintiffs respectively.

The brief facts of the case are as follows:

(a)The first plaintiff as the registered owner and rider of motorcycle No WCF 9148 and the second and third plaintiffs as pillion riders had filed a summons with the statement of claim dated 21 May 2004 at the Sessions Court, Kuantan on 21 May 2004 against the defendants, the registered owners and rider of motorcycle No CAF 2043.

(b)The plaintiffs’ action was for damages under the law of tort of negligence arising out of a road accident on 21 May 1998. The second and third plaintiffs being infants at the material time of the accident had filed the summons through the first plaintiff, being their f