Sabina Begum v. The Divisional Manager, United India Insurance Company Limited and Anr

ORDER Date : 13.05.2024 Heard Mr.D. Das, learned counsel appearing for the petitioner. Also heard Mr. R.C. Paul, learned counsel appearing for the respondent No. 1/Insurance Company.

¶2This is an application under Article 227 of the Constitution of Indian challenging the order dated 06.10.2021 passed by the MACT, Goalpara in MAC Case No. 432/2019 directing the petitioner to submit Succession Certificate for receiving the awarded amount.

¶3The facts leading to filing of this application are – Sofior Rahman was injured in a motor accident. Therefore, he filed the MAC Case No. 432/2019 seeking compensation from the Insurance Company. Both sides had a settlement in the Lok Adalat dated 10.07.2021, whereby the Insurance Company agreed to pay an amount of Rs.5,30,000/- (Rupees five lakh thirty thousand) only. Accordingly, the money was deposited by the Insurance Company.

¶4Before Sofior Rahman could withdraw the aforesaid amount, he expired on

30.08.2021. His wife and children went to the Tribunal to receive the money and the Tribunal held that a Succession Certificate would be required to receive the money.

¶5After hearing both sides, this Court is of the opinion that the money deposited by the Insurance Company is not a debt according to the Indian Page No.# 3/3 Succession Act. Therefore, requirement of Succession Certificate is not necessary in this matter.

¶6The Tribunal is directed to disburse the aforesaid amount of Rs.5,30,000/- (Rupees five lakh thirty thousand) only on the basis of the next of kin certificate filed by the petitioner. The Tribunal shall also take one indemnity bond of the same amount before disbursing the money to the petitioner.

¶7With the aforesaid directions, the revision petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010105902022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP/141/2022o SABINAoBEGUMo W/OoLATEoSOFIORoRAHMAN,oR/OoVILL-oKHAGLIPARAo(MAMUDPURoPART- II),oP.S.-MATIA,oP.O.-GOHAIBORIoUNDERoDOLGOMAoBRANCHoOFFICE,o DIST-oGOALPARA,oASSAM VERSUSo THEoDIVISIONALoMANAGER,oUNITEDoINDIAoINSURANCEoCOMPANYo LIMITEDoANDoANR.o BONGAIGAONoDIVISIONALoOFFICE,oP.O.-BONGAIGAON,oASSAM-783380o (INSURERoOFoVEHICLEoNO.oAS-18C-9835) 2:MOFIDULoISLAM oS/OoLATEoABDULoHAMID oR/OoVILL-PAHARSINGPARA oP.O.-DUBAPARA oP.S.-MORNOI oDIST-GOALPARA oASSAM-783101o(OWNERoCUMoDRIVERoOFoVEHICLEoNO.oAS-18C-9835o AdvocateoforotheoPetitionerooooo:oMR.oDITULoDASo AdvocateoforotheoRespondento:oMR.oRoCoPAULo(r-1)oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA