The main legal point established in the judgment is that the status of the claimants as legal heirs, proven through the issuance of a succession certificate, entitles them to compensation under no fault liability.

JUDGMENT :

AMARJEET CHAUDHARY, J.

1. A claim petition before Motor Accidents Claims Tribunal, Kurukshetra, was filed by Kavita Kajal and Sushil Kajal, claiming to be grandchildren of Beero Devi who had died on 8.1.1986.

2. The case of the appellants was that on 8.1.1986, Beero Devi boarded bus No. HRL 9659 from her village and while she was getting down the bus at village Mathana, the bus conductor had blown whistle whereupon the driver immediately started the bus as a result whereof Beero Devi received a jerk, fell down and was crushed under the wheels of the said bus. The claim petition was restricted under no fault liability only.

3. On the pleadings of the parties, the Motor Accidents Claims Tribunal framed the following issues:

(1) Whether Beero Devi died in an accident caused due to rash, negligent and careless driving of Haryana Roadways bus No. HRL 965? driven by respondent No. 1?

(2) If issue No. 1 is proved, whether the claimants are entitled to any compensation? If so, its quantum and against whom?

(3) Relief.

4. The Tribunal returned a finding that Beero Devi had died while alighting from bus No. HRL 9659 and under issue No. 2 it was held that claimants were not legal representatives of the deceased and as such not entitled to compensation.

5. Som Singh, father of the appellants, filed a petition in the Court of Senior Sub Judge, Karnal, for the grant of succession certificate u/s 372 of the Indian Succession Act, being the legal heirs of the deceased. The court vide its judgment dated 23.4.1988 accepted the petition and ordered for the issuance of succession certificate. Copy of the judgment dated 23.4.1988 has been allowed to be placed on the record vide separate order in C.M. No. 5698-CII of 1988 of even date and the same is marked as Exh. 'A'.

6. The only reason recorded by the Motor Accidents Claims Tribunal for not granting compensation to the appellants was that they were not the legal heirs of deceased. Since now succession certificate has been ordered to be issued vide judgment Exh. 'A' this court has reached the conclusion that the appellants being the heirs of Beero Devi, deceased, are entitled to compensation of Rs. 25,000/- under no fault liability along with 12 per cent interest from the date of filing of the appeal.

7. There will be no order as to costs.