SATHI DEVI Vs. DISTRICT COLLECTOR THRISSUR

JUDGEMENT

(1.) PETITIONER's husband late Tilakan was the first respondent in O.P.(MV).No.442/1998 of the MACT, Thrissur. The said claim was filed by the legal heirs of one Babu Unni who died in an accident involving a scooter bearing registration No. KL-8/G- 2645 of which the deceased was the registered owner.

(2.) DUIRNG the pendency of the proceedings before the MACT the petitioner's husband who was the first respondent therein expired. Thereupon the petitioner and the children of the deceased were impleaded as respondents 7 to 9. With them on the party array Ext.P1 award was rendered on 7th May, 29007 by which Rs.1,35,000/- was awarded as compensation and the Insurance Company was ordered to pay the amount in the manner as provided therein.

(3.) ORDINARILY when a liability of the deceased is sought to be recovered from the legal heirs, the extent of the liability of the legal representatives confined to the estate that was devolved on them or inherited by them. However, that principle of law can have no application in the facts of this case. As already stated on the death of the deceased the petitioner wife and the children of the deceased were impleaded as respondents before the MACT. With them on the party array Ext.P1 award was rendered and the Tribunal specifically held that the petitioner and the two children were labile for the compensation due from the deceased. The award has become final and if that be so, the petitioner and the 2 children are liable to make good the amount paid by the Insurance Company. In the process if recovery is initiated against the self acquired property of the petitioner or the children there is nothing objectionable in such a course of action. Therefore, I see absolutely no merit in the grievance raised by the petitioner. Writ petition fails and is dismissed.