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2005 Supreme(Raj) 2674

PRAKASH TATIA
Dr. Anil Sharma – Appellant
Versus
The District Legal Services Authority – Respondent


Advocates Appeared:
Mr. M.S. Singhvi, for the Petitioners.
Mr. Manish Shishodia, for the Respondents.

Judgement Key Points

Key Points: - The Permanent Lok Adalat has jurisdiction to settle civil disputes even if the offense is not compoundable. (!) (!) - Proviso (2) of Section 22C fixes the pecuniary limit of the Lok Adalat at Rs. 10,00,000, within which claims can be entertained or reduced/withdrawn. (!) (!) - The court held that claimants could withdraw or reduce their claim amount within the Lok Adalat’s pecuniary jurisdiction. (!) (!) - The writ petition was dismissed, affirming the Lok Adalat’s jurisdiction to entertain civil claims arising from the same incident despite non-compoundability of the related offense. (!) (!) - The Lok Adalat is authorized to decide maintainability and allow amendments or withdrawals within its jurisdictional limits, rather than rebuke the civil claims on the basis of non-compoundable offense. (!) (!)

What is the jurisdiction of the Permanent Lok Adalat under Section 22C of the Legal Services Authorities Act when the offense is not compoundable?

What is the effect of the pecuniary limit in Section 22C(2) on maintainability of claim petitions before the Permanent Lok Adalat?

What is the permissible scope for withdrawal or reduction of claims within the pecuniary jurisdiction of the Permanent Lok Adalat?


Judgment

Prakash Tatia, J.-By this writ petition, the petitioners are seeking relief of declaration that proceedings taken before the permanent Lok Adalat in Claim Case No. 13/2003 may be declared illegal and be quashed.

2. According to the petitioners, Petitioner No. 2, wife of Petitioner No. 1 owns a private hospital at Kankroli which is Sharma Hospital. Petitioner No. 1 being doctor, is also working in the said Hospital as Surgeon. Three applications under Chapter VIA of the Legal Services Authorities Act (for short “the Act of 1987”) were filed before the Legal Services Authority-Respondent no. 1, out of which one was filed by Respondents No. 3 and 4 which was registered as application No. 14/2003. By this application, Respondents No. 3 and 4 claimed damages from the petitioner and from Dr. Nitin Gadgil in respect of death of their father Chandra Singh Babel. In this petition, the compensation of Rs. 10,00,000/-was claimed by the petitioners. Another application, which was registered as application No. 13/2003, was filed by Smt. Pista Devi claiming compensation of Rs. 10,00,000/-on the ground of damages which she suffered due to death of her husband and the third application be












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