High Court Of Kerala
THE HONOURABLE CHIEF JUSTICE MR. S.R. BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH
Bhoopesh - Appellant
Versus
M/s.New India Assurance Co.Ltd. - Respondents
W.A. No.316 of 2009 & W.P.(C) Nos.30239 of 2007, 9158, 22116, 22153, 24118, 24130, 24141, 24174 & 33258 of 2008 and 5887, 7724 & 9687 of 2009
Decided On : 10 August 2009
Legal Services Authorities Act,1987 - Sections. 22C( 8), 22 and 20 - Permanent Lok Adalat is a new concept introduced under the Legal Services Authorities Act 1987, by Act 37 of 2002. The Legal Services Authorities Act, 1987 was enacted to constitute Legal Services Authorities for providing free and competent legal service to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, and to organize Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity - Held, matter of other disputes also other than a case or matter relating to an offence not compoundable under any law, falling within the jurisdiction of the three districts, the parties are free to approach the same Lok Adalat for settlement or compromise. In the event of such petitions being received in the Adalat, steps shall be taken promptly to see whether a settlement is possible. Such steps shall be completed within six months from the date of receipt of the petitions. If a settlement is arrived at, the Adalat shall pass awards and in case there is no settlement, the parties shall be informed to pursue the matter before the respective Motor Accidents Claims Tribunals/respective Tribunals/Courts - Appeal is dismissed.
Kurian Joseph, J.
Whether the Permanent Lok Adalat constituted under Section 22B of the Legal Services Authorities Act, 1987 (hereinafter referred to as `the Act') has jurisdiction to entertain a claim for compensation under the provisions of the Kerala Motor Vehicles Act, 1988 is the question to be considered in these cases. The learned Single Judge has held that the Permanent Lok Adalat under Section 22B of the Act has no such jurisdiction and hence the appeal. (The decision of the learned Single Judge is reported in New India Assurance Company Ltd. v. Jameela (2009(1) KLT 153). Since the same issue was pending before the learned Single Judge in other writ petitions, those cases also have been tagged along with the appeal.
2. Permanent Lok Adalat is a new concept introduced under the Legal Services Authorities Act, 1987, by Act 37 of 2002. The Legal Services Authorities Act, 1987 was enacted to constitute Legal Services Authorities for providing free and competent legal service to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, and to organize Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity. The source of inspiration and the obligation is Article 39A of the Constitution of India, which reads as follows:-
"39A. Equal justice and free legal aid.--The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities."
3. Lok Adalat is an old form of adjudicating system prevailed in ancient India. The expression literally means 'people court'. People find solution by themselves, appropriately aided by lawmen and elders. It provides for alternative resolution of disputes. It has been found to be viable, economic, efficient and informal. Parties to the dispute directly interact with the Presiding Officer and through such informal discussions, arrive at a settlement. The compromise or settlement is made an award of the Lok Adalat which has the status and force of a decree under the Code of Civil Procedure. There is no rancour to any parties since both parties win and none goes as vanquished. Thus unless there is compromise or settlement between the parties, the Lok Adalat cannot pass an award and the case has to go back to the court or the parties will have to be advised to seek their remedy in a court of competent jurisdiction, in case the latter is a pre- litigation adalat. In that background, it was thought that at least in the case of disputes pertaining to notified public utilities, designated Lok Adalat can be given the jurisdiction to decide the disputes involving a property dispute and valued upto Rs.10 lakhs in the event of the parties failing to reach a settlement despite the conciliation and Chapter VI-A was introduced by way of an amendment comprising of Sections 22A to 22E. Section 22A deals mainly with the definition of public utility service, which reads as follows :-
"22A.Definitions-In this Chapter and for the purposes of section 22 and 23, unless the context otherwise requires,-
(a) -----
(b) "public utility service" means any-
(i) transport service for the carriage of passengers or goods by air, road or water; or
(ii) postal, telegraph or telephone service; or
(iii) supply of power, light or water to the public by any establishment; or
(iv) system of public conservancy or sanitation; or
(v) service in hospital or dispensary; or
(vi) insurance service, and includes any service which the Central Government or the State Government, as the case may be, may, in the public interest, by notification, declare to be a public utility service for the purposes of this Chapter
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