Legal disability and Double or Multi disabilities under limitation act
Sections 6, 7, and 8 of the Limitation Act deal with provisions relating to legal disability.
Legal disability is the want of legal qualification to act i.e., to enter into a contract, etc. But, inability is different and it means physical incapacity to act. Protective clauses are in respect of legally disabled persons. The reason for giving the protection is that these persons are having no legal capacity to form a proper judgment to manage their own affairs. The Act mentions a minor, an insane, and an idiot as disabled persons. No other disability is recognized.
Section 6: If at the time from which the period of limitation is to be reckoned, the person entitled to file a suit, (or make an execution application) is 3 minor, an insane or an idiot, he may file a suit or make an application within the same period as specified in the schedule of the Limitation Act for others. However, the maximum period is 3 years from the date of cessation of disability. In the leading cases of Morgan V Morgan; and Taylor V Horde the court has explained the position of a minor in particular and of a disabled person in general. These cases were followed in Vasudev Vs. Balakrishna, where a person by the name of Ambu got into the possession of property belonging to the Minor. Held she must from that date hold the property-as a Guardian or Agent of the minor. Thus the minor was protected during his minority. He is having 3 years' time in addition to the date of his attaining majority, to file a suit for the property.
Double or Multi Disabilities
If a person is affected by two or more disabilities, or if, after the cessation of one disability, he is affected by another disability he may file a suit, after both the disabilities cease. The period of limitation is the same as for others, but he will have 3 more years from the date of cessation of the second disability. If the disability continues up to death his legal representative may file a suit within the period of limitation or within a maximum of 3 years after the death of the disabled person. If the legal representative is also affected by a disability at the time of the death of the disabled person, he may file a suit within the period of limitation or within Sears of cessation of his disability. If the disabled person dies after the disability ceases, but within the period of limitation, then, the legal representative may sue within the balance of the period of limitation available.
Examples: The right to sue for the hire of a vehicle accrues to A during his minority.
A may sue within 3 years from the date of attaining majority. In the above case.
If A is affected by insanity during his minority, A may sue within 3 years from the date of cessation of both disabilities.
In the first case: If A dies during his minority leaving B, his minor son, B may sue within 3 years on his attaining majority.