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SATHISH NINAN
Rajani Vijayan – Appellant
Versus
State Of Kerala, Represented By Principal Secretary to Government, Department Of Health and Family Welfare – Respondent
JUDGMENT :
1. The first petitioner is the wife of the second petitioner. She seeks for her appointment as the guardian of the second petitioner.
2. The second petitioner met with a road accident at Oman on 30.10.2021, which resulted in him being in a “comatose state”. There are two children born to the petitioners, namely Varsha Vijayan aged 24 years and Lakshmi Vijayan aged 14 years. Varsha Vijayan was impleaded in the proceeding as additional fifth respondent, and she appeared in person before this Court on 28.06.2022. The petitioners’ require appointment of st petitioner as the guardian of the 2nd petitioner for the purpose of prosecuting the motor vehicle accident compensation case filed in respect of the accident of the second petitioner in case No. Dhofar Insurance Co.Case No.244/2207/2022 pending at Muscat Primary Court, for receiving compensation thereunder, and for managing his assets.
3. With regard to appointment of guardian for a person laying in a “comatose stage”, a Division Bench of this Court has, in Shoba Gopalakrishnan v. State of Kerala (2019(1) KLT 801) held that till appropriate statute/enactment is brought in providing for appointment of a guardian for such p
The court established that Article 226 of the Constitution can be used to appoint guardians for individuals in a comatose state when no statutory remedy exists, emphasizing the need for judicial inte....
Point of law: It shall be the duty of the petitioner – guardian to meet the obligations/duties similar to those as described under Section 15 and to maintain and submit the accounts similar to those ....
Point of Law : Transactions in respect of the movable and immovable properties of the patient, by the petitioner - guardian, shall be strictly in accordance with the provisions of law. If the petitio....
The court established that it can act as parens patriae to appoint a guardian for a comatose patient when no legislative provisions exist.
The court exercises parens patriae jurisdiction under Article 226 to appoint a guardian for a comatose individual, highlighting the absence of specific legislation for such cases.
The Court clarified the interpretation of the Rights of Persons with Disabilities Act, 2016, emphasizing the broader categorization of disabilities and the duty of the District Collector to consider ....
Court invokes Art.226 to appoint children as guardians for comatose parent absent specific statutory provisions, prioritizing welfare.
The court exercises parens patriae jurisdiction to appoint a guardian for an individual in a vegetative state due to inadequate legal provisions.
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