SUNDAR DEVI AND ORS. Vs. PRESIDING OFFICER, M.A.C.T. AND ADDITIONAL DISTRICT JUDGE (FAST TRACK) NO. 3 AND ORS.

JUDGEMENT

(1.) BY this writ petition, a challenge is made to the order dated 07.04.2010 passed by the Motor Accident Claims Tribunal.

(2.) LEARNED counsel submits that after acceptance of claim petition filed by Kanaram, he died later on. The amount of compensation was awarded by the MACT in regard to the injuries sustained by him. The insurance company deposited the cheque in satisfaction of the award. The petitioners claiming to be legal heirs, moved an application for withdrawal of the said amount, but it has been denied for want of succession certificate. The succession certificate is not required in the case of execution proceedings, as has been held by the Allahabad High Court in the case of Chhotey Lal v. Dist. Judge and others, reported in : AIR 1991 Allahabad 214 and also by this Court in the cases of Gopal Synthetics v. Workmen's Compensation Commissioner, Kota and others, reported in : 1995 ACJ 908 and Shabnam Bano v. Motor Accidents Claims Tribunal, Ajmer And Others, : 1999(3) T.A.C. 643(Raj.).

(3.) IT is not in dispute that claim petition was filed by Kanaram when he sustained injuries in the accident. The MACT passed an award in his favour but before he could have received the actual fruits, died. Though in the meanwhile, the insurance company deposited the amount so awarded by the Tribunal. An application was moved for withdrawal of the amount by the petitioners, which was not permitted in absence of succession certificate.