LOGABAI Vs. NIL

JUDGEMENT

(1.) The petitioner herein is the maternal grand mother of Amudha @ Narmadha, who is duly certified by the Institute of Mental Health as mentally retarded person suffering 70% of mental disability.

(2.) Tamilselvan, who is the Father of the Amudha @ Narmadha, died in a road accident on 9/3/1998. The Motor Accident Tribunal in M.C.O.P. No.3988 of 1998 has awarded a sum of Rs.1,00,000.00 as compensation to Amudha @ Narmadha and the same is presently in deposit with Syndicate Bank, now merged with Canara Bank. Rest of the claimants have withdrawn their share of compensation. Whereas the mentally retarded daughter of Tamilselvan, is not able to withdraw her share, since her mother and natural guardian T.Pushpalatha also died on 21/2/2009 and presently the mentally retarded girl is under the care and custody of her maternal grand mother / the petitioner herein and the Bank need a Court appointed guardian for the mentally retarded Amudha @ Narmadha.

(3.) The petitioner stating that she is about 73 years old and not able to meet out the expenses to maintain her mentally retarded grand daughter, she need the money in deposit with the Bank. To withdraw the money deposited in the name of the mentally retarded girl Amudha @ Narmadha, the Bank requires guardianship. Hence, the present petition under Order XVII of Letters Patent Act.