IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 RP.No. 850 of 2007() -------------------- AGAINST THE JUDGEMENT IN MFA.829/1998 Dated 22/09/2006 .................... REVIEW PETITIONER/APPELLANT ------------------------------------------------- SENTHIL @ SENTHIL KUMAR, REP.BY NEXT FRIEND & FATHER R.NATARAJAN, S/O.RAMASWAMY, ATTAYAMPATHY, CHITTUR TALUK, PALAKKAD DIST. BY ADV. SRI.LIJU. M.P SRI.M.N.SAJEER RESPONDENT(S): RESPONDENTS ----------------------------------------------- 1. SMT.N.RENI, PROPRIETRIX, NANDINI TRANSPORT, MG ROAD, THRISSUR. (DIED) 2. KANDHASWAMY, S/O.RANGASWAMY, L.I.C.COLONY, B., MAHALINGAPURAM, POLLACHI DISTRICT, COIMBATORE. (DELETED). 3. NEW INDIA INSURANCE COMPANY LIMITED, KUNNAMKULAM, THRISSUR. ADDL. RESPONDENTS: 4. RAMASWAMI GOUNDER (HUSBAND OF THE DECEASED 1ST RESPONDENT, PROPRIETOR, NANDINI TRANSPORT, MG ROAD, THRISSUR. 5. SUKANYA, D/O. N.RENI AND RAMASWAMI GOUNDER -DO-. 6. R.MOHANAN, S/O. N.RENI AND RAMASWAMI GOUNDER, -DO-. 7. R.MANIKANDAN, S/O. N.RENI AND RAMASWAMI GOUNDER, -DO-. RP850/07 - 2 - (LEGAL REPRESENTATIVES OF THE DECEASED 1ST RESPONDENT ARE IMPLEADED AS ADDITIONAL RESPONDENTS 4 TO 7 VIDE ORDER DT.17.10.2008 IN I.A.935/08). (THE NAME OF SECOND RESPONDENT IS DELETED FROM PARTY ARRAY AT THE RISK OF THE PETITIONER VIDE ORDER DT.2.1.2008 IN I.A.3062/07.) ADV. SRI.A.R.GEORGE SRI.P.JAYASANKAR FOR R3 ADV.SRI.SAJEEV KUMAR K.GOPAL FOR ADDL.R4 & 6 THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 01/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = R.P.850 of 2007 in M.F.A.829 of 1998 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 1st day of July, 2010. O R D E R 1.Read the earlier orders. 2.Following the order dated 5.4.2010, the learned counsel for additional respondents 4 and 6 has presented a D.D.No.867046 dated 30.6.2010 drawn on Catholic Syrian Bank Limited payable at its Nemmara (103) branch for Rs.2,00,000/- in favour of the petitioner Senthil in full and final settlement of all claims in relation to the compensation, including the liability under the orders already passed. The said D.D. has been handed over during hearing to Adv.Sri.Liju M.P., the learned counsel appearing for the petitioner. This is recorded. 3.The affairs of the petitioner Senthil need to be managed, having regard to his physical condition RP850/2007 -: 2 :- as also mental situation. Therefore, this Court thought it appropriate to exercise its parens patriae jurisdiction in relation to Senthil. The views of the learned counsel for Senthil and the learned counsel appearing for respondents 4 and 6, who has provided the D.D., have been heard. Taking into consideration the different aspects, this Court requested the assistance of Adv.Sri.C.K.Karunakaran to provide appropriate suggestions, more particularly in view of his vast experience in the banking sector, he being the legal adviser to Dhanalakshmi Bank Limited. Taking overall facts and submissions into consideration and having in mind the paramount interest of the petitioner Senthil, it is ordered that the Dhanalakshmi Bank nearest to Nemmara will open a Savings Bank Account in the name of Senthil and his father R.Natarajn as E or S and the proceeds will be handled as hereunder: (a)An amount of Rs.1,25,000/- will be maintained in a fixed deposit account for a period of three years as of now. RP850/2007 -: 3 :- (b)Further amount of Rs.25,000/- will be maintained in a fixed deposit account for a period of one year from now. (c)Another Rs.25,000/- will be retained for a period of six months from now. (d)An amount of Rs.25,000/- will be left in the S.B.A/c. (e)The proceeds by way of interest flowing from the aforesaid fixed deposit accounts will be put into the aforesaid S.B.A/c. and R.Natarajan, the father of Senthil will be eligible to utilise such funds for the purpose of Senthil, including for any dues already suffered. The fixed deposits of Rs.25,000/- on maturity of the respective amounts will be put in the S.B.A/c. to be handled by Sri.Natarajan on similar terms. The amount of fixed deposit of Rs.1,25,000/- would be ultimately released into the aforesaid S.B.A/c. on maturity and would be utilised for the continued care of Senthil. RP850/2007 -: 4 :- It is further recorded that Senthil has no further clams in relation to the motor accident and this R.P.will remain closed. Issue copy of this order to the parties and also to Adv.Sri.C.K.Karunakaran. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/0107