PRIYANKA AND OTHERS Vs. SAKHARAM AND OTHERS

JUDGEMENT

(1.) The Motor Accident Claims Tribunal, Dhamtari, by its award dated 15.04.2011 granted compensation in favour of claimants namely Ms. Priyanka, Kamna, Ashish, Duleshwari and Smt. Indrawati, wd/o Late Muritram Baghel. The respondent No. 3/Insurance Company filed Misc. Appeal (C) No. 856 of 2011 there-against. This Court by order dated 12.09.2013 dismissed the appeal filed by the Insurance Company.

(2.) During pendency of the execution proceedings, one of the claimants namely Smt. Indrawati, aged about 70 years, died. Remaining claimants filed an application for deleting the name of Smt. Indrawati from the execution proceedings and disbursing the compensation of her share to the other claimants in equal share, which has been rejected by the impugned order dated 13.01.2015 directing for production of succession certificate against which this writ petition has been preferred by the claimants stating inter alia that for claiming amount of compensation, succession certificate is not required and therefore, order passed by the Motor Accident Claims Tribunal deserves to be set aside.

(3.) Learned counsel for the petitioners/claimants would submit that order passed by the learned Tribunal directing production / submission of succession certificate is not in accordance with the Indian Succession Act, 1925 and, thus, order impugned is bad and unsustainable in law, which is liable to be set aside.