(Writ-C No.- 40096 of 2019)
Article 21 and 226 of the Constitution, National Trust Act, 1999
Petitioners in this case are the wife and children of the Deceased Sri Sunil Kumar Mittal. Sunil Kumar had fallen down in the bathroom due to which he got severe head injuries and was lying on the floor unconsciously. He was taken to the hospital and treatment for the same was being taken and in the reports it was mentioned that he was suffering from intracranial bleeding. The operation for the same was done. He was shifted to incentive care for almost 15 days. The certificate was issued which shows that the patient is in a comatose state. There was no upgrade in the health of Sunil Kumar so he was shifted to the Apollo Hospital. He was discharged from the Apollo Hospital as well but after the discharge the condition was getting worse. The disability certificate was applied by the Petitioner before the Chief Medical Officer of the Apollo Hospital. And it was stated by them that the definition of a person within the definition of a person with multiple disability within the meaning of “National Trust Act 1999”. For the treatment of Sunil Kumar the petitioner has taken a lot of loan and she was having the responsibility of marrying off her children also. To repay the loan their property was mortgaged.
Charan Lal Sahu v. Union of India (1990) 1 SCC 613 the doctrine was explained in detail and it stated that parens patriae is the inherent power and authority of a legislature to provide protection to the person and property of the person. The govt. is within the duty to protect and to control persons under disability.
The bench observed that even though there is no law for appointment of guardians for a person in a comatose state, the court was obliged in its capacity as a parent's patriae to do justice to the petitioner.
Section 3(A) of the Legal Services Authority Act; O.2 R.2 pf CPC, Article 226 of the Constitution of India, Rule 9 of the National Legal Services Authority Rule, 1995
Section 2(30) & 146 of the Motor Vehicles Act, 1988, Section 2(19) Motor Vehicles Act 1939.