SABNAM Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) Heard learned counsel for the parties on application filed by the appellant for treating the present civil misc. appeal as against the order dated 8.4.2008 passed by the Motor Accident Claims Tribunal, Sojat ('the Tribunal') alongwith an application seeking condonation of delay.

(2.) The facts in brief are that the claimants filed application under Section 174 of the Motor Vehicles Act, 1988 ('the Act'), the same was opposed by the Insurance Company, inter alia, on the ground of absence of succession certificate, which plea was accepted by the Motor Accident Claims Tribunal and their application under Section 174 of the Act was rejected with liberty to obtain succession certificate and file application thereafter.

(3.) In pursuance of the order passed by the Tribunal, the legal representatives approached the District Court, Jodhpur for grant of succession certificate, which application was also rejected in view of the judgment of Hon'ble Supreme Court in Rukhsana (Smt.) & Ors. v. Nazrunnisa (Smt.) & Anr., 2000 9 SCC 240 while observing that succession certificate could only be issued for debts and securities and the amount of award cannot be treated as debt and/or security.