SANAGARI VENKATALAKSHMI Vs. SUNKARA SREENIVASA RAO

JUDGEMENT

(1.) This Revision Petition, under Article 227 of the Constitution of India, is preferred against the order, dtd. 17/3/2010, in I.A.No.556 of 2010 in O.P.No.325 of 1995 on the file of the Court of the I Additional District Judge, East Godavari, Rajahmundry, (in short 'the learned tribunal)" grant leave to the petitioner herein to withdraw an amount of Rs.1,11,843.00 with accrued interest and order to encash the same.

(2.) The petitioner herein has filed a claim petition seeking compensation for the death of her father-in-law Sanagari Venkata Ramanaiah, who died in a motor accident on 23/4/1994. As per Award an amount of Rs.6,47,372.00 was deposited, in which an amount of Rs.50,000.00 was withdrawn by the deceased husband of the petitioner out of his share of Rs.1,61,843.00 and remaining amount of Rs.1,11,843.00 was invested in fixed deposit. Subsequently during life time of husband of the petitioner filed a petition in I.A.No.1404 of 2003 seeking permission to withdraw his compensation amount, which was allowed in part on 20/8/2003, permitting him to withdraw Rs.50,000.00. In the meantime he died in a train accident on 13/9/2003, due to which the said amount of Rs.50,000.00 was reinvested in fixed deposit, which is lying in the name of deceased husband of the petitioner. Therefore, the petitioner filed before the learned tribunal seeking to declare the petitioner as sole successor of her deceased husband by impleading a party and she have also obtained succession certificate.

(3.) The learned tribunal allowed the said application on 17/3/2010 and permitted her with withdraw a sum of Rs.1,11,843.00 by premature encashment of FDR. But no interest is ordered holding that "since the relief is confined only to the amount mentioned in the Succession Certificate and the petitioner has to obtain extension of the Succession Certificate for the remaining amount". Therefore the present revision came to be filed.