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PRATHIBA M. SINGH
Rachana – Appellant
Versus
Shreeram General Insurance Co. Ltd. – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. None appears for the Petitioner.
3. The present petition has been filed seeking the setting aside of the order dated 10th November 2022 passed by the Presiding Officer,(MACT)- 02 South West, Dwarka Courts in MISC No. 117/2022 titled `Rachna v. Shriram Gen Insurance Co. ltd.'. By the impugned order, the application filed by the Petitioner seeking cancellation of award dated 12th March 2022 passed in the Lok Adalat, wherein the dispute with the Insurance Company was settled for a sum of Rs. 85,00,000/- was dismissed. The prayers in this petition are extracted below.
"a) To quash the impugned order dated 10.11.2022
b) To quash the proceedings of the LOK ADALAT dated 12.03.2022
c) To direct the Respondent no. 2 and 3 to share the claim award amount equally among the Petitioner and Respondent No. 2 & 3.
d) Any further order which the Hon'ble Court may deem fit and proper"
4. In the said proceedings an application was filed by the Petitioner for setting aside the award dated 12th March 2022 passed by the Lok Adalat. In the said award which was passed during the proceedings in the Lok Adalat held o
The finality and enforceability of a Lok Adalat award as per the Legal Services Authorities Act, 1987, and the requirement of extraordinary circumstances to set aside such an award.
A writ petition challenging a compromise decree entered before Lok Adalat by non-impleaded necessary parties is maintainable due to allegations of fraud and procedural irregularity.
Awards passed by Lok Adalat can be challenged in writ jurisdiction where fraud is alleged, despite limitations on appeals.
The award of Lok Adalat is final and binding, challengeable only through writ petitions under Articles 226 and 227, not in Civil Court.
The main legal point established in the judgment is the finality and binding nature of Lok Adalat awards, and the limited grounds on which they can be challenged under Article 226 and/or Article 227 ....
The Lok Adalat lacked jurisdiction to entertain property disputes, rendering its Award invalid due to improper consent and unequal distribution of property.
Objection to execution of decree – Statutory finality attached to Lok Adalat award leaves no room for appellate or plenary civil remedy against the award treated as a decree – Award may be executed a....
The limited grounds for challenging Lok Adalat awards as established by previous Supreme Court judgments.
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