RAJ KUMARI Vs. KULDEEP RAJ

JUDGEMENT

(1.) The Appellant has filed this appeal against order dated 16.08.2014 passed by the learned Principal District & Sessions Judge, Jammu, whereby the petition filed by the appellant under Section 6 of the Succession Certificate Act, 1977, was dismissed.

(2.) Learned counsel for the appellant has stated in the appeal that Dayawanti was survived by her only son Om Parkash, who was married with one Raj Kumari, and out of the wedlock of Om Parkash and Raj Kumari two male children Happy Sharma alias Shallu and Kuldeep Raj was born. Happy Sharma alias Shallu met with an accident on 13.11.2010 due to rash and negligent driving of Kuldeep Sharma and died, so mother of the deceased Raj Kumari and grandmother of the deceased Dayawanti who were solely dependent upon the deceased Happy Sharma alias Shallu, both filed a petition under Section 160 & 140 of Motor Vehicles Act before the Hon'ble Motor Accidents Claims Tribunal, Jammu. That while the trial was concluded and the case was for passing of the Award, grandmother of the deceased who was one of the petitioners in the claim petition namely, Dayawanti died on 15.09.2013 and on 29.01.2014 the Motor Accidents Claims Tribunal, Jammu was pleased to pass an Award in favour of both the petitioners i.e. Raj Kumari & Dayawanti amounting to Rs 9,66,000/- and partitioned the award in equal shares in both the petitioners and the awarded amount has to be paid to the claimants alongwith simple interest @ 7.5% per month. The award was passed against the Insurance Company who deposited the awarded amount with the Motor Accidents claims Tribunal and Raj Kumari withdrawn the amount which comes in her share. Raj Kumari one of the petitioners in the claim petition who was only the best successor of the amount awarded to Dayawanti filed a petition under Section 6 of the Succession Certificate Act for issuance of Succession Certificate in her favour. The appellant sought succession certificate of amount of Rs 4,83,000/- alongwith interest @ 7.5% per annum. The learned trial court dismissed the petition filed by the appellant under Section 6 of the Succession Certificate Act for the reason that the award was passed on 29.01.2014, when the deceased Dayawanti died on 15.04.2014 but in fact, it is 15.04.2013 and until and unless the necessary correction is not made in the Motor Accidents Claims Tribunal award no certificate can be issued. The appellant challenges the order impugned, inter alia, on the following grounds:

(3.) The learned counsel for the appellant has prayed that the order dated 16.10.2014 passed by the learned Principal District & Sessions Judge, Jammu, whereby the petition filed by the appellant under Section 6 of the Succession Certificate Act, 1977 was dismissed, be set aside.