WPMS/2113/2022
2023 Latest Caselaw 3452 UK

             Office Notes, reports,
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                                      WPMS No.2113 of 2022
                                      Hon'ble Vivek Bharti Sharma, J.

Present Mr. Harshpal Sekhon, counsel for the petitioners.

2. None is present for the respondents.

3. Counsel for the petitioners would submit that the petitioners' son, namely, Navnish had met with an accident wherein he had sustained severe injuries and disability of 60%; that, the petition for compensation was filed in which the M.A.C.T./Additional District Judge, Khatima, District Udham Singh Nagar passed an award dated 15.03.2021 thereby granting Rs.10,48,356/- along with 7% simple interest from the date of filing of the petition in favour of petitioners' son; that, just before three days of passing of this Award i.e. on 12.03.2021 petitioners' son Navnish died due to Covid; that, thereafter the petitioners moved an application for release of the amount of compensation awarded; that, vide order dated 04.05.2022 (Annexure No.4) the successor M.A.C.T./3rd Additional District Judge, Udham Singh Nagar although observed that the respondent Insurance Company did not prefer any appeal against that Award and did not have any objection for that amount being released to the petitioners, however, the same could not be released as the Tribunal did not have any right or power to release the same because this right is vested in the court under the Succession Act.

4. He would rely upon the judgment of the Hon'ble Supreme Court in "Rukhsana (Smt.) and Others Vs. Nazrunnisa (Smt.) and Another" reported in (2000) 9 SCC 240 wherein the Hon'ble Supreme Court has observed that the amount involved in the case of compensation amount awarded by the MACT is not a debt or security to which the deceased might have been entitled as the same was compensation sanctioned under the Motor Vehicle Act and, therefore, not an asset belonging to the deceased but the amount which the legal representatives of the deceased can claim on their own account.

It is further observed that in such type of matters the civil court will only decide as to who are the legal representatives and what shares they are entitled to as per law.

5. Considering the facts and circumstances that have been brought on record, impugned order dated 15.03.2021 is set aside. The Tribunal is directed to decide the application paper no.4C afresh in the light of the judgment of Hon'ble Supreme Court in Rukhsana (Supra) as well as the observations made by this Court hereinabove.

6. Subject to the above, the writ petition stands disposed of finally.

(Vivek Bharti Sharma, J.) 20.11.2023 BS