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2011 Supreme(Ker) 347

C.N.RAMACHANDRAN NAIR, BHABANI PRASAD RAY
Ambika Kumary – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:
For the Petitioners:Dr.S.Gopakumaran Nair (Sr.), Advocate.
For the Respondents: P.Sankarankutty Nair, SC, ESI Corpn.

JUDGMENT :-


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 ag


































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