Yasmin Bano Mannan And 5 Others vs Union Of India And 2 Others
2021 Latest Caselaw 7072 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


 
Court No. - 3
 

 
Case :- WRIT - C No. - 14474 of 2021
 
Petitioner :- Yasmin Bano Mannan And 5 Others
 
Respondent :- Union Of India And 2 Others
 
Counsel for Petitioner :- Mohammad Ali Ausaf,Vijay Kumar Singh(Senior Adv.)
 
Counsel for Respondent :- A.S.G.I.,C.S.C.
 

 
Hon'ble Naheed Ara Moonis,J.

Hon'ble Saumitra Dayal Singh,J.

1. The present writ petition has been filed seeking following main reliefs:-

"(a) Issue a writ, order or direction in the nature of certiorari quashing the order dated 30.3.2021 passed by the District Magistrate, Mau (annexure No. 1 to the writ petition) whereby he illegally required the petitioners to submit succession certificate for payment of amount of compensation of Rs. 59,28,854/- (SR3,00000/) awarded in favour of the petitioners by the Kingdom of Saudi Arabia due to accidental death  of late Mannan Ahmad through cheque No. 292384 dated 2.11.2020 in favour of District Magistrate, Mau vide letter dated 5.11.2020 through Embassy of India Riyadh;

(b) Issue a writ, order or direction in the nature of mandamus commanding the respondents to immediate release the amount of compensation of Rs. 59,28,854/- (SR3,00000/) awarded in favour of the petitioners by the Kingdom of Saudi Arabia due to accidental death of Late Mannan Ahmad through cheque No. 292384 dated 2.11.2020 in favour of District Magistrate, Mau vide letter dated 5.11.2020 through Embassy of India Riyadh "

2. Briefly, it has been stated that one Mannan Ahmad died an accidental death while working in the Kingdom of Saudi Arabia. Arising there from proceedings for award of compensation were instituted in that country. The proceedings culminated in an award dated 19.4.2019 which is enclosed as Annexure No. 5 to the writ petition alongwith a translated copy of the same. Relevant extract of the translated copy of the award reads as under:-

".....The first party Mr. Ali Bin Marzooq Bin Muqbil Al-Harabi was held 100% responsible for the accident. The legal heirship Certificate was also gone through issued on 09/01/2014 attested by the Ministry of Foreign Affairs as well as by the Branch of the Ministry of Justice stating that the legal heirs of late Mr. Mannan Ahmad Farooq are: (1) Mr. Farooq Ahmad Binni, aged 46 years whose relationship with the deceased was as father. (2) Mrs. Badrun Nisa Farooq, aged 43 years whose relationship with the deceased was a mother. (3) Mrs. Yasmin Bano Mannan, aged 23 years whose relationship with the deceased was as wife. (4) Ms. Sajida Bano Mannan, aged 5 years whose relationship with the deceased was daughter. (5) Mrs. Chandni Bano Mannan, aged 3 years whose relationship with the deceased was as daughter. Ms. Nakhat Bano Mannan, aged 03 month whose relationship with the deceased was as daughter. I also asked the both parties whether they have any thing to add they told to have nothing to add.

Reasons

On the basis of the claim and reply and the verification of the defendant on the claim of the claimant and his no objection to the payment of the death compensation as well as on the basis of the Traffic report denoting holding the defendant 100% for the accident.

Judgment

Hence I obligated the defendant to pay the blood money amounting to Three hundred Thousand, Saudi Riyals to the legal heirs of the deceased late Mr. Mannan Ahmad Farooq. The share of father is one-sixth amounting to Forty Four Thousand, Forty Four Riyals and Forty Four Halalas. The share of mother is one-sixth amounting to Forty Four Thousand, Forty Four Riyals and Forty Four Halalas. The share of wife is one-eight amounting to Thirty Three Thousand, Three Hundred, Thirty Three Riyals and Thirty Three Halalas and shares of daughter is two-third for each of them Fifty Nine Thousand, Two Hundred and Ninety Five Riyals and twenty six Halalas only. In the light of the above said, I have issued the pronounced the verdict, both the claimant and defendant have been given a copy of the verdict. I have also made them understand that they have right for submitting their objections, if any along with making understand of the instructions of appeal too within 30 days from the next day of the issuance of deed, whoever did not submit his objection will be losing his right of it and the verdict will attain its finality. They told to have to understood. The hearing was closed at 9:00 AM and verdict was signed on. May the Almighty favor us.

 
In the name of Allah, The Most Gracious, the Most Merciful
 
The Kingdom of Saudi Arabia,         Logo of Ministry of Justice
 
Ministry of Justice, 
 

 

 
Public Court of A-Ghat Province 				Dated 06/11/1440 								   (09/07/2019)
 
First Judicial Circuit 
 
Supplementary to verdict       page:1
 

Praise be to Allah. Before the Fist Judicial Circuit. On the basis of the case registered with No. 40461477 dated 14/05/1440 (H) corresponding to 20/01/2019. I Mohammad Bin Saleh Al-Fahaam, chairman of the Public Court of AI-Ghat Province as per the decision of His Excellency the President of the Supreme Judicial Council, bearing No. 55050 dated 28/08/1440 (04/05/2019) the hearing was opened where the limited period for the submission of the objection was over but none of the claimant and defendant submitted their objections and thereby they lost their right of objection and the verdict attain its finality. Hence I ordered to marginalized the deed with its contents. May the Almighty favor us....."

3. Consequently, the amount equivalent to Rs. 59,28,854/- has been received by the District Magistrate, Mau for payment to the claimants who are the petitioners in the present writ petition. The petitioners are claiming the compensation amount so received by the District Magistrate, Mau. The said authority has passed the impugned order dated 30.3.2021 refusing to disburse the amount in absence of succession certificate in favour of the petitioners.

4. Heard Shri V.K. Singh, learned Senior Advocate assisted by Shri Mohammad Ali Ausaf, learned counsel for the petitioners and learned Standing Counsel for the State.

5. At the outset, learned Senior Advocate submits that the issue of succession in such matters cannot arise as has been held by co-ordinate Bench of this Court in Writ C No. 4585 of 2021 decided on 16.3.2021 wherein it has been held as under:-

".....Whether for compensation of present nature a succession certificate is required

15. We have already held that compensation is neither a debt nor security and, therefore, the provisions of part X of the Indian Succession Act, 1925, shall not apply in matters of compensation. We are also fortified by the decision of Hon'ble Supreme Court in the case of Rukhsana (Smt) and Ors. Vs. Nazrunnisa (Smt) and Anr., 2000 (9) SCC 240, in which Hon'ble Supreme Court considered similar facts and held as under :-

"3. We cannot approve the said view of the High Court, for, Succession Certificate as envisaged in the Indian Succession Act can be granted only in respect of "debts" or "securities" to which a deceased was entitled. The amount involved in this case was not a debt or security to which the deceased was entitled. This was a compensation sanctioned on account of the death of the deceased and is, therefore, not an asset belonging to the deceased but an amount which the legal representatives of the deceased can claim on their own account. The civil court will only decide as to who are the legal representatives and in what shares they are entitled to as per the Personal Law applicable to them. The Parties will move appropriate application before the court concerned for expediting the procedure regarding disbursement of the amount. With these observations we set aside the impugned order."

16. For the reasons aforestated, we find that the District Magistrate, Mau, is bound to disburse the amount of compensation to the petitioners who are the legal heirs and representatives of the deceased Mohd. Faize. Therefore, we direct the respondent no.3 to disburse the amount of compensation forthwith. Petitioners are granted liberty to move an application before the respondent no.3 for payment of interest for the period the aforesaid amount of compensation has been illegally withheld by the respondent no.3. In the event such an application is filed by the petitioners within four months alongwith a copy of this order, the respondent no.3 shall pass an appropriate order in accordance with law within next three weeks and if any amount of interest is found to be due and payable, the same shall be paid by the respondent no.3 to the petitioners within next three weeks...... "

6. In any case, in the facts of the present case, the issue of succession could never arise as the award itself has been made in favour of the named claimants who are all petitioners in the present writ petition. Once amount has been awarded in their individual names after making proper apportionment, only identification of the claimants remains to be done. That issue would never involve a succession dispute.

7. Learned Standing Counsel prayed for time. However, in view of the exposition of law made by the Division Bench of this Court wherein the objection raised has already been dealt, the prayer so made is declined.

8. Second, in any case, the amount of award has been received in the account of District Magistrate, Mau against the award made by the competent authority. Bare perusal of the award dated 19.4.2019, reveals that the same has been made in favour of named claimants and the amount has already been apportioned between them. In such facts, the only role remaining to be performed by the District Magistrate, Mau is to disburse the amount awarded in accordance with the foreign award, to the persons in whose favour such award has been made.

9. Thus, the issue of identity of the persons claiming amount may be ascertained to ensure the award is satisfied in favour of the persons/claimants mentioned in the award.

10. In view above, the District Magistrate, Mau is directed to complete the aforesaid exercise within a period of two weeks from the date of production of a copy of this order. He shall ensure actual disbursement be made to the claimants within that time.

11. We also clarify if the awarded amount has been retained in any interest bearing account, the disbursement would be made alongwith proportionate interest.

12. The writ petition is disposed of.

Order Date :- 6.7.2021

Jaswant