RAJANI VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(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 28/6/2022. The petitioners' require appointment of 1 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 person, this Court can, in exercise of jurisdiction under Article 226 of the Constitution of India appoint a guardian for a specific purpose. Paragraph 35 of the judgment enumerates the norms/guidelines issued by the Division Bench. In the in the above background that this petition is being considered and ordered.