SHARMILA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for following reliefs:-

(2.) It appears that the petitioner has been granted Award of Rs.3,83,312.00in Title (M.V.) Suit No.82 of 2004 by the Additional District-cum-MVAC Tribunal, Bokaro vide order dtd. 31/5/2008. Against the said award, an appeal being M.A. No.11 of 2009 has been preferred by the owner of the offending vehicle which has been dismissed as withdrawn. For execution of the Award, certificate proceeding has been initiated being Certificate Case No.08 of 2009-10 and for execution of the decree, 24 instalments have been granted to the judgment debtor and he has deposited nine cheques but thereafter he died on 21/7/2011.

(3.) It is well settled law that for recovery of the amount from a dead person it can be recovered only upon the property left over or inherited by the legal heir.