1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ::JUDGMENT:: D.B. SPECIAL APPEAL (WRIT) NO.1158/2006 Smt. Anju Khandelwal & Ors. Vs. Manoj Kumar & Ors. Date of Judgment :: January 10, 2008 PRESENT HON'BLE THE CHIEF JUSTICE MR. NARAYAN ROY HON'BLE MR.JUSTICE R.M. LODHA Mr. Man Singh Chundawat on behalf of Mr. Virendra Agarwal for the appellants. Mr Pyare Lal for the respondents. **** BY THE COURT :- The Motor Accident Claims Tribunal (Additional District Judge & Sessions Judge (Fast Track) No.1), Bharatpur passed an award in the sum of Rs.4,14,602/-. The award amount was to be disbursed amongst the four claimants as per the award. One of the claimants (Raman Lal) – father of the deceased, as per the award, was awarded compensation in the sum of Rs.82,919/-. An application was made by the present appellants that her father-in-law Raman Lal was dead and the amount of compensation payable to Raman Lal may be paid to them. By its order dated 28.4.2006, the Motor Accident Claims Tribunal dismissed the application on two grounds: namely, (one) that the fact of death of Raman Lal was not established as no death certificate has been placed on record and (two) that the claim amount awarded to Raman Lal could be disbursed only after the succession certificate was filed. 2 The order dated 28.4.2006 passed by the Motor Accident Claims Tribunal was challenged by the present appellants by filing the writ petition. The Single Judge by his order dated 12.9.2006 has dismissed the writ petition in limine. Hence the present appeal. The view of the Tribunal does not suffer from any legal infirmity for the reasons we may briefly indicate hereinafter. For the accidental death of Manoj Kumar Khandelwal, a claim for compensation was made by his wife, two minor children and his father. The Tribunal upon conclusion of the proceedings in the claim petition, awarded the compensation in the sum of Rs.4,14,602/-. The direction for disbursement amongst claimants has been made in the award. As per the award, one of the claimants Raman Lal was awarded the compensation in the sum of Rs.82,919/-. The compensation having been passed in favour of Raman Lal became his estate. Upon his (Raman Lal's) death, the amount awarded to him has to be disbursed amongst his legal heirs. There is nothing on record that besides the present appellants, the deceased Raman Lal is not survived by other legal heirs. In this backdrop, even if we ignore the non-filing of the death certificate and accept the factum of death of Raman Lal, his estate has to be distributed to his legal heirs and that could only be done insofar as amount of compensation is concerned, on succession certificate being filed before the Tribunal. Thus, the Tribunal cannot be said to have erred in directing that the share of compensation awarded to Raman Lal be invested in the bank and on the production of succession certificate, an appropriate order of distribution shall be passed. 3 Consequently, the order of Tribunal did not require any interference and, therefore, dismissal of the writ petition by the Single Judge cannot be faulted. Special appeal is dismissed in limine. (R.M. LODHA), J. (NARAYAN ROY), CJ. Skant/-