IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No.115 of 2008 Date of decision: 09.05.2008. Smt.Saneh Lata …..Petitioner -Versus- M.A.C.T. Una ….Respondent Coram: The Hon’ble Mr.Justice Deepak Gupta, Judge. Whether approved for reporting? No For the Petitioner: Mr.N.K. Thakur, Advocate. For respondents: Deepak Gupta, J(oral) This petition is directed against the order of the learned Motor Accident Claims Tribunal-II, Una whereby he has rejected the application filed by the petitioner for release of the amount awarded as compensation in favour of her son Vikas Kumar. Brief facts necessary for decision are that Vikas Kumar who suffered injuries in a motor vehicle accident filed a claim petition No.92 of 2000. This claim petition was allowed on 25.11.2004 and compensation of Rs.3,28,612/- was awarded in his favour alongwith costs and interest. Some portion of the awarded amount was released in favour of Vikas Kumar but a sum of Rs.1,65,267/- was ordered to be deposited in a fixed deposit in the Punjab National Bank, Una. Unfortunately, Vikas Kumar expired on 1.9.2007. The petitioner Saneh Lata claiming to be the mother of the deceased Vikas Kumar and his sole legal heir applied for the release of the amount. Alongwith the application a legal heir certificate issued by the Naib Tehsildar, Bharwain was also filed. The learned Tribunal rejected this 2 application on the ground that the petitioner must obtain succession certificate from a competent authority establishing her right to withdraw the amount. It may be true, that the petitioner is the mother and sole heir of Vikas Kumar. However, there is a legal impediment to the release of this amount to her in these proceedings. She is not a party in the proceedings. There is no provision of law in the Motor Vehicles Act or in the Code of Civil Procedure where a person who is not a party in the proceedings can claim to get the amount deposited in favour of a party by just filing an application and proving that he or she is the legal heir of the said party. It is well settled law that this right has to be established by filing an application for grant of succession certificate under the provisions of the Indian Succession Act, 1925. It is only after the succession certificate is granted that a right enures in favour of the legal heir to get the estate of the deceased. Therefore, no error can be found in the order of the learned MACT. The petitioner is consequently rejected. Keeping in view the facts and circumstances of the case, I direct that in case the petitioner files an application for grant of succession certificate within one month from today, the learned Court dealing with the said matter shall endeavour to dispose of the same as early as possible and not later than 31st March, 2009. Dasti copy. May 9, 2008. ( Deepak Gupta ), PV Judge