KALIAMMAL Vs. R DHANARAJ

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against order dated 22.06.2000 of the Principal District Judge, Erode in C.F.R.No.11160 of 1999 in M.A.C.T.O.P.No.869 of 1993, returning the unnumbered application and directing the Petitioners to produce Succession Certificate for withdrawal of the amount in M.A.C.T.O.P.No.869 of 1993. 2.1. The Revision Petition arises out of the following facts:-The Petitioners are Widow, Sons and Daughters of one Arumugam. The said Arumugam sustained injuries in a Motor Accident. He filed a claim Petition in M.A.C.T.O.P.No.869 of 1993 on the file of Principal District Court, Erode claiming compensation of Rs.3,00,000/- against the Respondents. After contest, an award of Rs.85,000/- was passed on 30.09.1997 in favour of the injured claimant 'Arumugam and no appeal was filed against the same.

(2.) 2 The said Arumugam died intestate on 11.08.1998 leaving behind the Petitioners as his legal representatives. The entire amount has been deposited in State Bank of India, Main Branch, Erode. After the death of Arumugam, the Petitioners have filed petition for permission to withdraw the deposited amount along with Legal Heirship Certificate dated 30.11.1998 issued by Tahsildhar, Erode. By the Impugned order, learned District Judge, Erode directed return of the Application stating that Succession Certificate as per Section 214 of the Indian Succession Act is necessary.2.

(3.) UNDER Section 214(1) of the Act, when the Suit is for recovery of "debt" filed by the representatives of a deceased person, a Succession Certificate is necessary. Similarly under Section 214(1)(b) of the Act, in an Execution Petition to execute the decree for recovery of a debt, Succession Certificate is necessary. The question for consideration is whether in the Application to withdraw the Award Amount a Succession Certificate is necessary? 6. The word "debt" appears both in clause (a) and (b) of Section 214 of the Act. A "Debt" is a sum of money, which is payable or will become payable in future. The amount deposited in the name of the deceased claimant is a compensation amount awarded in a Motor Accident case towards pecuniary and non-pecuniary losses. The compensation amount was payable on the tortious liability and not on certain obligations to fall within the ambit of "Debt". 7. Considering the meaning of "Debt" and production of Succession Certificate in the Execution Proceedings arising out of the land acquisition proceedings, in the decision reported in Resilikutty Chacko ..Vs.. State of Kerala (A.I.R. 1999 KERALA 56), learned Single Judge of Kerala High Court held thus:-"... 5. A debt has been defined as an obligation to pay an ascertained sum of money. In that definition, compensation does not come. Further, this is not a suit to recover a debt from a person. Hence, I am of the view that so far as a reference under Section 18 of the Land Acquisition Act is concerned, that proceeding is not a proceeding for recovery of a debt.