Legal representatives can claim motor vehicle accident compensation without a succession certificate, supported by adequate proof of relationship.

JUDGMENT

The petitioners are the legal representatives of deceased Muhammed Riyas who died in a motor vehicle accident which occurred on 14.09.2018. The Tribunal passed Ext.P5 interim award and the amounts were disbursed to the petitioners in terms of the award. Later, the Tribunal modified the interim award as per Ext.P7 based on order dated 21.02.2022 in a review petition filed by the petitioners. In the review petition, an objection was raised by the Insurance Company that the private investigator had filed a report before the insurance company stating that the petitioners are not the children of the deceased. The Tribunal rejected the said contention.

Paragraphs 3 to 5 of Ext.P6 order read thus:-

“3.The said contention is rejected as a whole for manifold reasons. Firstly, the report is not produced. Secondly the source of information is not disclosed. So the report allegedly submitted by the private investigator need not be considered and the argument is rejected.

4.I find no impediment in allowing the petition.

The documents produced clearly indicate the relationship between the deceased and petitioners.

5.Hence petition is allowed. Office to release the amount to the petitioners as per the award. Office to carry out necessary correction in the award and copies accordingly.”

(underlining supplied)

2. The petitioners filed Ext.P8 Execution Petition (E.P. No. 206/2022) before the Tribunal for execution of the amount in terms of the modified award. The grievance of the petitioners is that the Tribunal is yet to dispose of the Execution Petition and they pray for disbursement of the amount as per Ext.P8. It is submitted by the learned counsel for the petitioners that the Tribunal is insisting for legal heirship certificate for disbursement of the amount. The petitioners contend that in the light of Ext.P6 order, the Tribunal cannot insist for legal heirship certificate as the documents already produced before the Tribunal clearly indicate relationship between the deceased and the petitioners as found by the Tribunal in Ext.P6. The learned counsel for the petitioners also relies on the decision of this Court in Sreerangan v. New India Assurance Co. Ltd and another [ 2014 (4) KLT 378 ] wherein this Court considered the question whether a legal heirship certificate is required for disbursement of amounts to the dependents who claim compensation before the Tribunal, as legal representatives. In paragraphs 13 and 14 of the said judgment, this Court held as follows:-

“13. What emerges hence is the clear principle upon which, the entitlement to claim compensation, on the death of a person in a motor accident, is to be adjudicated upon. Any ‘legal representative’ including a ‘legal heir’ and not confined to a subsisting status governed by the laws of succession, would be entitled to claim compensation; provided he/she sustains an injury from the death caused by the motor accident; the injury being not one to be understood as once caused to the body of the individual involved in an accident.

14. The father of the deceased, who is the petitioner herein, had approached the Tribunal, together with his wife claiming ‘loss of dependency’ on the death of his son in a motor vehicle accident. The petitioner, hence, is entitled to the sum awarded, as apportioned to himself in the award, even without the production of a legal heirship certificate. It is also declared and the impugned order is set aside, directing the Tribunal to disburse the amount of Rs. 1,00,000/-[Rupees one lakh only] to the petitioner herein, with any interest accrued, within three weeks of the production of a certified copy of this judgment.”

3. The learned counsel for the petitioners also refers to the decision in Baburaj M. v. State of Kerala [2022 (4) KLT 609] wherein this Court had occasion to consider the question as to whether succession certificate of the legal representatives of the deceased shall be insisted for release of compensation in a motor vehicle accident. This C