The main legal point established in the judgment is that a succession certificate is not necessary for the disbursement of compensation to the dependants of a deceased person under the Fatal Accidents Act.

Sreedharan, J.

1. When C.M.P. No. 15204/1990, came up for orders I heard learned counsel appearing on either side in detail I am disposing of the Original Petition.

2. Petitioner is the father of deceased C. Sudhakaran who was working in Kuwait. Sri Sudhakaran died in a motor accident in Kuwait on 22nd October 1988. Legal proceedings for claiming compensation on the death of Sudhakaran was conducted by the Indian Embassy in Kuwait at the request of the petitioner and on the basis of the Power of Attorney executed by him in favour of the Indian Embassy, Indian Embassy realised a sum of 13,000 Kuwait Dinar towards compensation. After deducting the Lawyer's fee of 1.330 Kuwait Dinar the balance was remitted in favour of 3rd respondent, the District Collector, Thiruvananthapuram, by draft No. 151310224 dated 17th February 1990 drawn on the State Bank of Travancore, M. G. Road Branch, Thiruvananthapuram. Third respondent informed the petitioner that he should produce succession certification from court for disbursing the amount deposited as per Ext. P-2, viz., Rs. 6,80,040.79. Petitioner appeared before third respondent and produced heirship certificate issued by the Tahsildar, Nedumangad. In spite of that third respondent refused to disburse the money. Hence this Original Petition.

3. Learned Central Government Standing Counsel submitted that the Indian Embassy could collect the money on account of the death of Sri Sudhakaran, son of the petitioner only on account of the Power of Attorney executed by the petitioner. The Central Government has no objection in disbursing the money to the petitioner.

4. Learned Government Pleader made available to court a statement prepared on behalf of third respondent dated 12th October 1990. The contentions taken therein are to the following effect: Government of Kerala as per Circular No. 40147/P3/80/Home, dated 18th April 1983, G. O. (Ms.) No. 239/85/Home, dated 28th December 1985 and G. O. (Ms.) No. 68/86/Home, dated 5th April 1986 have prescribed the procedure to be followed to enable to successors living abroad for getting compensation sent by the Indian Embassy abroad as quickly as possible. According to the above orders the succession certificate from a court of law for the amount to be disbursed or a legal heirship certificate with an indemnity to the effect that money will be refunded to the Government if it is later found that the claimant are not found rightful successor supported by one surety solvent to the amount involved Government servant having a minimum of 12 years service for retirement on superannuation is necessary for disbursement of the money. As per the above orders a heirship certificate is necessary for disbursing the amount. In the instant case succession certificate was insisted as the amount involved is . more than six lakhs. It was to avoid further controversy in the matter. The certificate produced by the petitioner from the Tahsildar is only an enquiry report and not heirship certificate. A heirship certificate of a deceased person can be issued only after notification in the Gazette. It is further stated that the amount can be released to the petitioner only after observing the formalities by production of succession certificate of heirship certificate. It went on to state that the petitioner is not justified in finding fault with 3rd respondent in not disbursing the amount based on Ext. P-4 (a) certificate.

5. Sri C. Sudhakaran who died in a motor accident in Kuwait on 22nd October 1988 is the petitioner's son. Legal proceedings for claiming compensation on the death of Sudhakaran was conducted by the Indian Embassy in Kuwait as per the Power of Attorney executed by him in favour of the Embassy. Exhibit P-1 is the attested copy of the Power of Attorney. Four persons who executed the Power of Attorney are the surviving members of the family of deceased Sudhakaran as per Ext. P-4 (a) certificate issued by the Tahsildar, Nedumangad. On behalf of the said four pers