Dependants are entitled to claim compensation under S.1-A of the Fatal Accidents Act without the need for a succession certificate.

1. That the provisions of law conferring rights on parties are of no consequence to those who have no means to avail themselves of the benefit of such law is more than evident from the facts of the case before us. A Harijan lady who lost her husband in an accident on 19-3-1978 petitioned to the Kerala State Road Transport Corporation for payment of compensation due on account of the death of her husband. It was a bus belonging to the Corporation that caused the accident resulting in the death of the petitioner's husband and another person. She laments in the petition that only a sum of Rs. 1,000/- was paid to her, that she had to leave her house at the Harijan Colony, Pulimathu and take shelter in somebody-else's house and that she has no means to resort to a court or a tribunal or pay fees to counsel.

2. It is further mentioned that two years prior to the date of her petition the Kerala State Road Transport Corporation offered to pay her Rs. 10,000/- but that would only be on production of succession certificate from court. She is unable to move a court and get succession certificate for the reason that she has no money to pay fee for moving the court or to meet the expenses for such proceedings. She has produced a certificate from the Panchayat President, but according to her a succession certificate from a court was insisted upon. She is aware that had she approached the Tribunal appointed to try claims for compensation under the Motor Vehicles Act she may get a much higher sum, but even the amount of Rs. 10,000/- she is now unable to get. So she has petitioned to this Court by a letter that some orders may be passed enabling her to get the amount.

3. We issued notice on this to the counsel for the Kerala State Road Transport Corporation and have heard him. Shri. K. S. Rajamony volunteered to appear for the petitioner and to assist us and he has presented the petitioner's case.

4. No doubt the stand taken by the Kerala State Road Transport Corporation cannot be said to be unreasonable prima facie. But there is evidently an error in the approach to the matter by the Corporation. If it were a case of the petitioner succeeding to the estate of her deceased husband and claiming compensation as heir, no doubt, as the law stands today the Kerala State Road Transport Corporation may insist on the production of a succession certificate. It is for the Legislature to deal with the matter by enabling payments to be made at least in respect of small sums of money, without a succession certificate being required to give immunity to the debtor. We are not going into that question in this case, for, even otherwise we think we will be able to give relief to the petitioner herein.

5. The assumption that a succession certificate is necessary for payment of compensation to the dependants of a person who dies on account of accident is evidently not correct. In two decisions of this Court in State Insurance Officer v. Thankamma (1980 KLT. 200) the scheme of the Indian Fatal Accidents Act has been adverted to. Evidently that enactment is brought into existence to enable dependants of a person whose death has been caused by wrongful act, neglect or default to claim compensation. But for that Act there would be no case for the heirs of a deceased to claim compensation on account of death caused by wrongful act. It is to meet this situation Fatal Accidents Act has been enacted. It enables the dependants, namely the wife, husband, parent and child of the person whose death has been caused, to claim loss resulting to them from such death. Had the deceased lived his normal span of life he would have been of benefit to the dependants. That benefit they have lost by the reason of the death and it is to compensate them for loss of such benefits that provisions in S.1-A has been made. The estate would lose on the death of such person only if after meeting the expenses for himself and his dependants there would have been surplus in his hands. Such