1 2025:CGHC:7187 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 134 of 2025 1. Sitaram S/o Late Bhola Ram Aged About 38 Years R/o Village- Tekul, Tahsil And District - Jashpur (C.G.) 2. Pramod Ram S/o Late Bhola Ram Aged About 36 Years R/o Village- Tekul, Tahsil And District - Jashpur (C.G.) 3. Sita Bai D/o Late Bhola Ram Aged About 30 Years W/o Suresh Yadav, R/o Village - Kastura, Tahsil - Duldula, District - Jashpur (C.G.) (Legal Heirs Of Deceased Bhola Ram) (Cause Title As Per Application Dated 14-02-2024) ... Petitioner(s) versus 1. Vinod Kumar Choudhary S/o Late Mittal Choudhary, R/o Village- Kanthi, P.S. - Darima, Tahsil - Ambikapur, District - Surguja (C.G.) (Owner) 2. Rajbind Ram S/o R.B. Ram Aged About 28 Years Occupation - Driver, R/o Kalibabu Gali, Upper Bazar, Ranchi (Jh) (Driver) 3. Shriram General Finance Company Limited 2nd Floor, Jha Niwas, Opposite Hotel, Yuvraj Palace, Diverson Road, Donrada- Ranchi (Jharkhand) ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioners : Mr. Shrikant Kaushik, Advocate holding the brief of Mr. Rishikant Mahobia, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 10. 02.2025 1. By way of this petition, the petitioners have sought the following relief(s):- “10.1 That, this Hon’ble Court may kindly be pleased to set-aside the impugned order dated 21.02.2024 2 (Annexure P/1) passed by the learned Motor Accident Claims Tribunal, Jashpur, District Jashpur (C.G.) 10.2 That, this Hon’ble Court may kindly be pleased to allow the application filed by the petitioners/applicants on 14.02.2024 (Annexure P/3). 10.3 That, this Hon’ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate.” 2. Learned counsel for the petitioners would submit that an award was passed in favour of the petitioners by the learned Motor Accidents Claims Tribunal, Jashpur in Claim Case No. 33/2013 vide award dated 28.11.2014 to the tune of Rs. 3,14,342/- with interest at the rate of 9%. He would further submit that after the passing of the award, Bhola Ram/claimant No. 1 died; therefore, an application was moved for disbursement of the award passed in his favour to his legal representatives, who are the present petitioners. He would also submit that the learned Claims Tribunal directed the petitioners to place on record a succession certificate. He would further contend that there is no need to produce a succession certificate as held by the Hon’ble Supreme Court in the matter of Rukhsana (SMT) and Others vs. Nazrunnisa (SMT) and another, (2009) 9 SCC 240. 3. Heard. 4. Admittedly, an award was passed in favour of Bhola Ram, Pramod Ram and Sita Ram on account of the death of Smt. Balmuni Bai. The learned tribunal vide award dated 28.11.2014 passed an award of Rs. 3,14,342/- with interest at the rate of 9%. It appears that Bhola Ram died and an application was moved by his legal representatives claiming therein his share. The learned Claims Tribunal directed the petitioners, who are legal representatives of Late Bhola Ram, to place on record the succession certificate. 3 5. The Hon’ble Supreme Court in the matter of Rukhsana (SMT) (supra), in para 3 while dealing with a similar issue held that the succession certificate is not required in case of compensation sanctioned on account of the death and the legal representatives can claim such amount on their own account. It is further held that a succession certificate can be granted only in respect of "debts" or "securities" to which a deceased was entitled. Para 3 is reproduced here-in-below :- “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 amount 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.” 6. Taking into consideration the facts discussed-above and the law laid down by the Hon’ble Supreme Court, in my opinion, the learned Claims Tribunal committed an error of law in directing the petitioners to place on record the succession certificate. The order dated 21.02.2024, whereby the petitioners have been directed to place on record the succession certificate, is hereby quashed. 7. The learned tribunal is directed to disburse the amount of compensation to the petitioners after verifying other documents like Voter ID, Aadhaar Card, Ration Card etc. 4 8. Accordingly, the instant petition is hereby allowed. d Sd/- (Rakesh Mohan Pandey) Judge $iddhant