The necessity for necessary amendments in the award before issuing a succession certificate and the summary nature of proceedings in succession certificate cases.

1. The Appellant has filed this appeal against order dated 16.08.2014 passed by the learned Principal District & Sessions Judge, Jammu, whereby the petition filed by the appellant under Section 6 of the Succession Certificate Act, 1977, was dismissed.

2. Learned counsel for the appellant has stated in the appeal that Dayawanti was survived by her only son Om Parkash, who was married with one Raj Kumari, and out of the wedlock of Om Parkash and Raj Kumari two male children Happy Sharma alias Shallu and Kuldeep Raj was born. Happy Sharma alias Shallu met with an accident on 13.11.2010 due to rash and negligent driving of Kuldeep Sharma and died, so mother of the deceased Raj Kumari and grandmother of the deceased Dayawanti who were solely dependent upon the deceased Happy Sharma alias Shallu, both filed a petition under Section 160 & 140 of Motor Vehicles Act before the Hon'ble Motor Accidents Claims Tribunal, Jammu. That while the trial was concluded and the case was for passing of the Award, grandmother of the deceased who was one of the petitioners in the claim petition namely, Dayawanti died on 15.09.2013 and on 29.01.2014 the Motor Accidents Claims Tribunal, Jammu was pleased to pass an Award in favour of both the petitioners i.e. Raj Kumari & Dayawanti amounting to Rs. 9,66,000/- and partitioned the award in equal shares in both the petitioners and the awarded amount has to be paid to the claimants alongwith simple interest @ 7.5% per month. The award was passed against the Insurance Company who deposited the awarded amount with the Motor Accidents claims Tribunal and Raj Kumari withdrawn the amount which comes in her share. Raj Kumari one of the petitioners in the claim petition who was only the best successor of the amount awarded to Dayawanti filed a petition under Section 6 of the Succession Certificate Act for issuance of Succession Certificate in her favour. The appellant sought succession certificate of amount of Rs 4,83,000/- alongwith interest @ 7.5% per annum. The learned trial court dismissed the petition filed by the appellant under Section 6 of the Succession Certificate Act for the reason that the award was passed on 29.01.2014, when the deceased Dayawanti died on 15.04.2014 but in fact, it is 15.04.2013 and until and unless the necessary correction is not made in the Motor Accidents Claims Tribunal award no certificate can be issued. The appellant challenges the order impugned, inter alia, on the following grounds:

a. That as per the Succession Certificate Act, 1977 the trial court has to only see who could have the prima facie best title over the awarded amount. The appellate court cannot give any finding with regard to making correction in the award passed by the Motor Accidents Claims Tribunal, so the trial court has extended its jurisdiction.

b. That as per the order impugned it is understandable that the learned Sessions Judge has all the information that when Dayawanti died the legal heir of Dayawanti has to be brought on record. That there was only Raj Kumari who is petitioner before the trial court and also before this Hon'ble Court is only first legal heir entitled for successor of Dayawanti and there was no any first legal heir except Raj Kumari and Raj Kumari had also been already made petitioner before the Motor Accidents Claims Tribunal so when Dayawanti was also the petitioner in the claim petition she could not be made as respondent, so there was only Raj Kumari being legal heir there was no any first class legal heir. Kuldeep Raj who is the grandson of Dayawanti could not be made as legal heir as he was the second class legal heir. That otherwise also the trial court has not to see whether the legal heir has been made as a party before the claim tribunal or not. The scope for issuance of the succession certificate to the trial court was limited as when the respondent himself admitted that petitioner is only entitled for getting issuance of succession certificate and even after making p