Sudershan Kumari vs Presiding Officer, MACT and Another

J.P. Singh, J.—Petitioner#s father died in a Motor Vehicular Accident on29.06.2007. She along with her mother, who was dependanton the

earnings of the deceased, filed a Claim Petition beforethe Motor Accidents Claims Tribunal, Jammu seeking compensation for the death of Sagar

Chand-deceased. The Claim Petition was settled in a Lok Adalat held on15th September, 2009. In terms of the decision, the Petitionerand her

mother were held entitled to an amount ofRs. 1,65,000/- along with interest @ 7.5% per annum.The Petitioner, filed an Application before the

MotorAccidents Claims Tribunal, Jammu saying that Rs. 50,000/- was paid to the claimants on the basis of No. fault liability,during the currency of

the Claim Petition and Rs. 25,000/- wasreleased in her favour after the Award made by the Lok Adalatand that because of the death of Smt.

Vidya Devi, her mother,during the currency of the Claim petition, she was entitled tothe release of remaining amount of Rs. 90,000/- being the

onlysurviving legal heir of Vidya Devi.

The Motor Accidents Claims Tribunal, Jammu rejected the Petitioner#s Application saying that Smt. Vidya Devi havingexpired on 08.08.2009,

i.e., during the currency of the ClaimPetition and about one year before the matter came to besettled in the Lok Adalat on her behalf, the Award of

the LokAdalat was a nullity in law and the Petitioner was, therefore,disentitled to the release of amount covered by the Award.Aggrieved by the

rejection of her Application, thePetitioner has invoked the Supervisory Jurisdiction of thisCourt to question the order passed by the Motor

Accidents Claims Tribunal, Jammu.

Heard learned Counsel for the parties.

The Petitioner does not dispute the death of her mother during the pendency of the Claim Petition and before the Award of the Lok Adalat.

The Award of the Lok Adalat, based on settlement on behalf of the claimant, when she was dead, is rendered void.The Petitioner cannot,

therefore, seek execution of the Award, which is nullity in law.The view taken by the Motor Accidents Claims Tribunal, Jammu, therefore, does

not suffer from any error of law, inthat, a, void judgment or Award of the Court or Tribunal is unenforceable.There is, therefore, No. merit in the

Petition, which is,accordingly, dismissed.