High Court of Kerala
C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY
Dr.Ambika Kumary & Others
Versus
State Of Kerala & Others
WA.No. 2138 of 2010
Decided on : 06-04-2011
Constitution of India, 1950 - Articles 226 & 227 - Legal Services Authorities Act, 1987 - Section 22C, 22D & 22E - Question regarding nature of jurisdiction of the Permanent Lok Adalat established under S.22B of the Legal Services Authorities Act, 1987 - Held, Even though counsel for the appellants relied on several decisions of the Honourable Supreme Court of India on medical negligence and the standards to be applied in deciding the claims, Court do not think the same should be considered because it is for the appellants to raise all the contentions before the PLA while deciding the claim petition on merits - Court therefore uphold the findings of the PLA on their jurisdiction and direct them to proceed with the trial of the dispute and pass final award within three months of receipt of a copy of this judgment - Writ Appeal Dismissed
Ramachandran Nair, J.
The short question arising for our decision in this case is on the nature of jurisdiction of the Permanent Lok Adalat established under Section 22B of the Legal Services Authorities Act, 1987 (hereinafter called "the Act"). The issue cropped up in a claim for damages filed before the Permanent Lok Adalat, Trivandrum by the wife and children of the deceased Sri.Murugan, alleging the death of the latter as on account of medical negligence by the appellants, few of whom are Doctors in the E.S.I. Hospital, Peroorkada, Trivandrum and the last one the Insurance Officer therein. On receipt of notice of claim petition, the appellants raised a preliminary objection before the Permanent Lok Adalat contending that the PLA has no jurisdiction to decide a claim disputed by the appellants by conducting a trial like a Civil Court. At the request of the appellants the preliminary objection on jurisdiction was heard and decided by the PLA against the appellants by holding that the forum has jurisdiction to decide all issues raised in the claim petition by virtue of powers conferred on them under Section 22C(7) and (8) read with Section 22A(b)(v) of the Act. It is against this order the appellants filed Writ Petition before the learned Single Judge for declaration that dispute is outside the scope and jurisdiction of the PLA and for prohibitory orders against the PLA from proceeding with the complaint. The learned Single Judge, however, did not accept the contentions of the appellants by holding that appellants' effort is only to delay the matter before the PLA and the W.P.(C) was accordingly dismissed. It is against this judgment of the learned Single Judge appellants have filed this Writ Appeal before us.
2. We have heard Senior counsel Sri.Gopakumaran Nair appearing for the appellants, counsel appearing for the contesting parties, Standing Counsel for the E.S.I. Corporation and Government Pleader for the State.
3. Since the issue raised pertains to the scope and nature of jurisdiction of the PLA, we have to necessarily consider the relevant provisions of the Act, namely Sections 22C, 22D and 22E, which are extracted hereunder.
"22C. Cognizance of cases by Permanent Lok Adalat.- (1) Any party to a dispute may, before the dispute is brought before any court, make an application to the Permanent Lok Adalat for the settlement of dispute:
Provided that the Permanent Lok Adalat shall not have jurisdiction in respect of any matter relating to an offence not compoundable under any law:
Provided further that the Permanent Lok Adalat shall also not have jurisdiction in the matter where the value Provided of the property in dispute exceeds ten lakh rupees: also that the Central Government, may, by notification, increase the limit of ten lakh rupees specified in the second proviso in consultation with the Central Authority.
(2) to theAfter an application is made under sub-section(1) Permanent Lok Adalat, no party to that application shall invoke jurisdiction of any court in the same dispute.
(3) AdalatWheredirect sectionpartyit- underan application is made to a Permanent Lok sub (1),
(a) beforeshalla writteneach it statement,tostating therein the facts the application to file and nature of dispute under the application points or issues in such dispute and grounds relied in support of, or in opposition to, such points or issues, as the case may be, and such party may supplement such statement with any document and other evidence which such party deems appropriate in proof of such facts and grounds and shall send a copy of such statement together with a copy of such document and other evidence, if any, to each of the parties to the application;
(b) may require any party to the application to file additional statement before it at any stage of the conciliation proceedings;
(c) shall communicate any document or statement received by it from any party to the application to the other party, to enable such other party
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