What is the procedure for a MACT award following the passing of a co-appellant?
My mother and I submitted a petition to the Motor Accident Claims Tribunal in regards to the death of my father. The petition was filed in 2012 and after a long 10-year process, we were finally awarded equal compensation via a judgement dated 29th July 2022. The judgement reads
"The 2nd respondent Insurer is directed to deposit the compensation in the Bank account of the appellants in equal share with interest @ 9% from the date of petition till the date of deposit within a period of two months from the date of receipt of a copy of this judgment. The deposit must be in terms of the directives issued by this Court in Circular No.3 of 2019 dated 06/09/2019 and clarified in O.M.No.D1/62475/2016 dated 07/11/2019 after deducting the liabilities, if any, of the appellant towards Tax, balance court fee and legal benefit fund."
However, my mother passed away on the 17th of February, 2019, and I was unaware of the need to inform the court of this matter at the time. I had been out of town for an extended period and had forgotten about the case, which was originally filed in 2012.
Now, I have some questions regarding this matter:
Is the judgement still valid due to the inclusion of a deceased person?
If my mother's share is paid out via cheque, can I produce it at the bank along with her death certificate/my legal heirship certificate and retrieve the money?
Will Tax Deducted at Source be applied to the awarded amount and the interest?
If I submit my bank details to the insurer, will they directly credit the funds to my account (I have already submitted my PAN card and bank account details to the insurer)?
Is the 9% interest compounded or simple interest?
And in the case that the judgement is not valid, what is the next course of action? My advocate is not providing much assistance and has suggested that I file another petition and repeat the entire process. I have already paid 8% of the awarded amount. I would like to seek advice on this matter.