K AYYASAMMY Vs. MOHANASUNDARI

JUDGEMENT

(1.) The question that arises is whether the compensation amount awarded by the Motor Accidents Claims Tribunal on the death of a person in a road accident is or is not part of the estate of the deceased. The brief facts necessary for the disposal of the C.R.P. are that the petitioner had engaged an advocate in the proceedings for enhancement and apportionment of compensation when the lands belonging to the petitioner were acquired by the State. It is stated that the reference Court has ordered the enhancement of compensation amount awarded, and the case of the petitioner is that the petitioner was not fully paid the entire amount of compensation ordered by the court by the advocate. Therefore the petitioner initiated proceedings against the advocate in the Bar Council by way of disciplinary proceedings and also initiated criminal proceedings against him. The advocate denied all the charges levelled against him, however, before the proceedings before the Bar Council and the criminal court could come to an end, the advocate met with a road accident on 31.8.1995 and he also died in the said accident. Thereafter, the petitioner instituted a suit for recovery of money against the legal representatives of the deceased advocate, namely, his wife, mother and minor children claiming moneys due to him from the deceased advocate as his advocate had not paid the entire amount of compensation received by him and the said suit was decreed against the wife, mother and minor children of the deceased advocate directing them to pay to the petitioner a sum of Rs.14,76,929.50 with interest from and out of the properties and assets left by the deceased advocate. It is stated that the defendants in the suit, who are the respondents herein, have preferred an appeal in this Court against the judgment and decree of the learned Subordinate Judge and the appeal is still pending.

(2.) Meanwhile, the legal representatives of the deceased advocate, namely, his wife, minor children and parents have preferred a claim petition before the Motor Accidents Claim Tribunal claiming a compensation of a sum of Rs.25,00,000/- for the death of the advocate arising out of the road accident. The claim was made on the score that had the advocate not met with the accident, he would have lived for another 40 years and contributed much more to his family. The Claims Tribunal passed an award directing the respondents in the claim petition to pay a sum of Rs.14,19,000/- under several heads including loss of consortium, loss of love and affection and funeral expenses with interest at 9% per annum from the date of petition. The Claims Tribunal also ordered for the apportionment of the award amount. The Claims Tribunal, in the award, after permitting the petitioners 1,4 and 5 in the claim petition to withdraw some marginal amounts, directed the balance amount to be deposited in one of the nationalised banks and the Claims Tribunal also directed that the share of the minor petitioners 2 and 3 should be deposited till they attain majority in a nationalised bank.

(3.) The petitioner herein filed an execution petition to execute the decree obtained by him in the civil suit. He also sought for interim attachment of the properties of the deceased advocate including the deposits lying in the civil court to the credit of the Motor Accidents Claim Original Petition and also the interest amount that accrues on the deposit made in bank. Learned Subordinate Judge, following a decision of this Court in JANAKI ALIAS PATTAMMAL AND OTHERS v. PRABATH FINANCE BY PARTNER R.PRABHAKARAN (I (1986) ACC 100), dismissed the application for interim attachment holding that the compensation awarded by the Claims Tribunal for the death of the victim is not part of estate of the deceased and not liable to be attached. Learned subordinate Judge also held that the relief claimed in the interim application is the same relief which is claimed in the execution petition and therefore, the interim application is not maintainable. It is against the order, the present revision petition has been filed.