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IN THE HIGH COURT OF ALLAHABAD
SURYA PRAKASH KESARWANI, RAVI NATH TILHARI, JJ.
Hafiz Naushad Ahmad and Another - Appellant
Versus
Union of India and Others - Respondent
WRIT - C No. 4585 of 2021
Decided On : 16-03-2021
Indian Succession Act, 1925 - Sections 370, 390 ,212,213 – Claim for Compensation – Award – Accident – Dead - petitioners are the parents of their unmarried son late who died in Kingdom of Saudi Arabia a road accident - Salary of the deceased son of the petitioners was remitted by the Embassy of India, Riyadh to the District Magistrate, Mau (India) by a Cheque State Bank of India - To get payment of the aforesaid salary amount - Petitioner herein obtained a succession certificate from the court of Civil Judge Mohammadabad Gohna, Mau. Office of the District Magistrate, Mau also issued a Letter No.145 certifying that the family of the deceased consists of only the petitioners who are parents of the deceased.
Finding of the Court: Chief of the Public Court of Shaqra Province Second Public Circuit, Kingdom of Saudi Arabia, granting compensation to the petitioners in the ratio as aforementioned - On receipt of the Cheque of compensation District Magistrate, Mau, again conducted some inquiry and issued an order after obtaining inquiry report and certified that the petitioners being father and mother of the deceased, are the only family members of the deceased - compensation is neither a debt nor security and, therefore, the provisions of part X of the Indian Succession Act, 1925, shall not apply in matters of compensation - Compensation sanctioned on account 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 - Civil court will only decide as to who are the legal representatives and in what shares they are entitled to as per Personal Law applicable to them – Court find District Magistrate, Mau, is bound to disburse the amount of compensation to the petitioners are the legal heirs and representatives of deceased – Court direct respondent no.3 to disburse the amount of compensation forthwith - Petitioners are granted liberty to move an application before the respondent no.3 for payment of interest for the period the aforesaid amount of compensation has been illegally withheld by respondent.
Result: Writ petition allowed
JUDGMENT :
1. Heard Sri V.K. Singh, learned Senior Advocate, assisted by Sri Mohd. Ali Ausaf, learned counsel for the petitioners, learned standing counsel for the State – respondents and Sri Manu Vardhana, learned counsel for the respondent no.1.
2. This writ petition has been filed praying for the following relief : -
(a) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to immediately ensure the payment of amount of compensation of Rs. 60,60,606/- (SR. 3,00,000) alongwith interest thereon as awarded in favour of the petitioners by the Kingdom of Saudi Arabia due to accidental death of his son (Late Mohd. Faize) through cheque No.291792 dated 9.8.2020 in favour of District Magistrate, Mau vide letter dated 11.08.2020 through Embassy of India Riyadh;
(b) Issue a writ, order or direction in the nature of mandamus commanding the respondents to take immediate decision for ensuring/releasing of amount of compensation of Rs. 60,60,606/- (SR. 3,00000/-) awarded in favour of the petitioners by the Kingdom of Saudi Arabia due to accidental death of his son (Late Mohd. Faize) through cheque No.291792 dated 9.8.2020 in favour of District Magistrate, Mau vide letter dated 11.08.2020 through Embassy of India Riyadh as requested by the petitioners through applications dated 7.10.2020 and 28.12.2020.
Facts :
3. The petitioners are the parents of their unmarried son late Mohd. Faize who died in Kingdom of Saudi Arabia on 24.08.2019 in a road accident. Salary of the deceased son of the petitioners was remitted by the Embassy of India, Riyadh to the District Magistrate, Mau (India) by a Cheque No.291167 dated 10.09.2019 Rs.26,577/- of State Bank of India. To get payment of the aforesaid salary amount, the petitioner herein obtained a succession certificate dated 03.03.2020 from the court of Civil Judge (Junior Division), Mohammadabad Gohna, Mau. Office of the District Magistrate, Mau also issued a Letter No.145 dated 14.10.2020 certifying that the family of the deceased consists of only the petitioners who are parents of the deceased.
4. Subsequently, the District Magistrate, Mau received a cheque No.291792 dated 09.08.2020 of State Bank of India for Rs.60,60,606/- for compensation in respect of death of the deceased, for making payment to the successors of the deceased. The petitioners being the only successors/ parents of the deceased, have been approaching continuously to the respondent No.3, i.e. the District Magistrate, Mau for release of the payment but the District Magistrate is not making the payment of the aforesaid compensation amount. As per instructions of the respondent No.3 dated 27.02.2021 received by the learned standing counsel, the District Magistrate is not making payment of compensation to the petitioners on the ground that the petitioners have not produced a succession certificate in respect of the aforesaid amount of compensation. It has further been stated in the instructions that guidance has been sought from the State Government for making payment of compensation to the petitioner but guidance has not been received from the State Government.
5. The aforesaid compensation amount was sent by the Embassy of India, Riyadh to the District Magistrate, Mau vide letter dated 11.08.2020, which is reproduced below:
“EMBASSY OF INDIA
RIVADH
REGISTERED POST
No.RIY/CW/436/805/2019 Dated:11.08.2020
District Magistrate
Mau District
Uttar Pradesh, India.
Sub: Payment of legal dues in respect of Late Shri. Mohd Faize
Dear Sir,
Enclosed please find a State Bank of India Cheque No. 291792 dated 09.08.2020 for Rs.60,60,606 (Rupees Sixty Lakh Sixty Thousand Six hundred Six only) equivalent to SR.3,00000/- pertaining to legal dues and end of service in respect of (late) Shri. Mohd Faize, who died in Saudi Arabia
2. The address of the legal heirs of the deceased, according to our records, is as under.
Shri Hafiz
SupremeToday
The succession certificate could be granted only in respect of `debts' and `securities' and the compensation amount under the Motor Vehicles Act did not come under `debts' or `securities'.
Entitlement to family pension and succession benefits granted to the second wife, affirming her legal status as a widow under applicable pension rules, despite the opposition from children of the fir....
The nomination in service records is decisive for entitlement to death-cum-retirement benefits, and a succession certificate does not confer beneficial interest.
The court affirmed that a succession certificate grants legal heirs entitlement to deceased's bank deposits, overriding nominee claims under the Banking Regulation Act.
A succession certificate does not create beneficial interest; the nominee's rights are subject to the claims of lawful heirs, as established by service records.
Compromise awards in succession cases must adhere to procedural requirements, including proper notice and investigation, to prevent fraudulent outcomes.
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