1 289 CHAPTER: V The Lok Adalat and Motor Accident Claims
2 290 CHAPTER: V The Lok Adalat and Motor Accident Claims A. Introduction Camps of Lok Adalat were started initially in Gujarat in March 1982 and now it has been extended throughout the Country. The evolution of this movement was a part of the strategy to relieve heavy burden on the Courts with pending cases. The reason to create such camps were only the pending cases and to give relief to the litigants who were in a queue to get justice. Seekers of justice are in millions and it is becoming rather difficult for the Courts to cope up with the ever-increasing cases with the present infrastructure and manpower. Courts are clogged with cases. There is serious problem of overcrowding of dockets. Because of the ever-increasing number of cases the Court system is under great pressure. Therefore, if there was at the threshold a permanent mechanism or machinery to settle the matters at a pre-trial stage, many matters would not find their way to the Courts. Similarly, if there are permanent forums to which Courts may refer cases, the load of cases could be taken off the Courts. In order to reduce the heavy demand on Court time, cases must be resolved by resorting to 'Alternative Dispute Resolution' Methods before they enter the portals of Court. Here comes the significance of Lok Adalat which has showed its significance by settling huge number of Third Party claims referred by Motor Accident Claim Tribunal (MACT). Except matters relating to offences, which are not compoundable, a Lok Adalat has jurisdiction to deal with all matters. Matters pending or at pre-trial stage, provided a reference is made to it by a court or by
3 291 the concerned authority or committee, when the dispute is at a pre-trial stage and not before a Court of Law it can be referred to Lok Adalat. A large number of cases are settled expeditiously through Lok Adalats and with lesser costs to the parties. Initially, there was no statutory backing for its functioning and decisions and Lok Adalats were working as voluntary and conciliatory agency. It was becoming popular day by day for providing a speedier system of administration of justice. In view of its growing popularity there has been a demand for providing a statutory backing to the institution of and the awards given by the Lok Adalats. It was felt that such a statutory support would not only reduce the burden of the arrears of work in regular courts, but would also take justice to the doorsteps of the poor and the needy and make justice quicker and less expensive 1. In order, therefore, to constitute Legal Services Authorities to provide 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 and other disabilities, and to organize Lok Adalats to secure that the operations of the legal system promotes justice on a basis of equal opportunity, the Legal Services Authorities Act, 1987, was enacted which received the assent of the President on 11 th October, 1987 and came on the statue book. Sections 19 to 22 of Legal Services Authorities Act, 1987, deal with formation, organization and functions of Lok Adalats. 1 Legal Services Authorities Act, 1987, Statement of Objects and Reasons
4 292 B. Relevant Provisions of Legal Services Authorities Act, 1987 dealing with Lok Adalats Section 19 to 22 of Legal Services Authorities Act, 1987, deals with organization and functions of Lok Adalats, which reads as under: I. Organization of Lok Adalats Section 19 of Legal Services Authorities Act, deals with Organization of Lok Adalats a) Every State Authority or District Authority or the Supreme Court Legal Services Committee or every High Court Legal Services Committee or, as the case may be, Taluk Legal Services Committee may organize Lok Adalats at such intervals and places and for exercising such jurisdiction and for such areas as it thinks fit. b) Every Lok Adalat organized for an area shall consist of such number of- (a) serving or retired judicial officers; and (b) other persons, of the area as may be specified by the State Authority or the District Authority or the Supreme Court Legal Services Committee or the High Court Legal Services Committee or, as the case may be, the Taluk Legal Services Committee, organizing such Lok Adalat. c) The experience and qualifications of other persons referred to in clause (b) of sub-section (2) for Lok Adalats organized by the Supreme Court Legal Services Committee shall be such as may be prescribed by the Central Government in consultation with the Chief Justice of India. 2 Motor Vehicles Act, 1988, Subs. by Act 59 of 1994, sec. 15, for section 19 (w.e.f ).
5 293 d) The experience and qualifications of other persons referred to in clause (b) of sub-section (2) for Lok Adalats other than referred to in sub-section (3) shall be such as may be prescribed by the State Government in consultation with the Chief Justice of the High Court. e) A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of (j) any case pending before; or (ii) any matter which is falling within the jurisdiction of, and is not brought before, any court for which the Lok Adalat is organized. The Legal Services Authorities Act, 1987 provided that the Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offence not compoundable under any law. II. Cognizance of cases by Lok Adalats Section 20 of the Legal Services Authorities Act, Cognizance of cases by Lok Adalats deals with (1) Where in any case referred to in clause (i) of sub-section (5) of section 19: (i) (ii) (a) the parties thereof agree; or (b) one of the parties thereof makes an application to the court for referring the case to the Lok Adalat for settlement and if such court is prima facie satisfied that there are chances of such settlement; or the court is satisfied that the matter is an appropriate one to be taken cognizance of by the Lok Adalat, the court shall refer the case to the Lok Adalat : 3 Ibid., Subs. by Act 59 of 1994, sec. 15, for section 20 (w.e.f ).
6 294 Provided that no case shall be referred to the Lok Adalat under sub-clause (b) of clause (i) or clause (ii) by such court except after giving a reasonable opportunity of being heard to the parties. (2) Notwithstanding anything contained in any other law for the time being in force, the Authority or Committee organizing the Lok Adalat under subsection (1) of section 19 may, on receipt of an application from any one of the parties to any matter referred to in clause (ii) of sub-section (5) of section 19 that such matter needs to be determined by a Lok Adalat, refer such matter to the Lok Adalat, for determination: Provided that no matter shall be referred to the Lok Adalat except after giving a reasonable opportunity of being heard to the other party. (3) Where any case is referred to a Lok Adalat under sub-section (1) or where a reference has been made to it under sub-section (2), the Lok Adalat shall proceed to dispose of the case or matter and arrive at a compromise or settlement between the parties. (4) Every Lok Adalat shall, while determining any reference before it under this Act, act with utmost expedition to arrive at a compromise or settlement between the parties and shall be guided by the principles of justice, equity fair play and other legal principles. (5) Where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, the record of the case shall be returned by it to the court, from which the reference has been received under sub-section (1) for disposal in accordance with law.
7 295 (6) Where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, in a matter referred to in sub-section (2), that Lok Adalat shall advice the parties to seek remedy in a court. (7) Where the record of the case is returned under sub-section (5) to the court, such court shall proceed to deal with such case from the stage which was reached before such reference under sub-section (1). III. Award of Lok Adalat Section 21 of The Legal Services Authorities Act, deals with Award of Lok Adalat (1) Every award of the Lok Adalat shall be deemed to be a decree of a civil court or, as the case may be, an order of any other court and where a compromise or settlement has been arrived at by a Lok Adalat in a case referred to it under sub-section (1) of section 20, the court-fee paid in such case shall be refunded in the manner provided under the Court-fees Act, (2) Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute, and no appeal shall lie to any court against the award. IV. Powers of Lok Adalat or Permanent Lok Adalat Section 22 of The Legal Services Authorities Act, deals with Powers of Lok Adalat or Permanent Lok Adalat 4 Ibid., Subs. by Act 59 of 1994, sec. 16, for sub-section (1) (w.e.f ). 5 Ibid., Subs. by Act 37 of 2002, sec. 3, for Lok Adalat (w.e.f ).
8 296 (1) The Lok Adalat or Permanent Lok Adalat shall, for the purposes of holding any determination under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, (5 of 1908) while trying a suit in respect of the following matters, namely: a) The summoning and enforcing the attendance of any witness and examining him on oath; b) The discovery and production of any document; c) The reception of evidence on affidavits; d) The requisitioning of any public record or document or copy of such record or document from any court or office; and e) Such other matters as may be prescribed. (2) Without prejudice to the generality of the powers contained in subsection (1), every Lok Adalat or Permanent Lok Adalat shall have the requisite powers to specify its own procedure for the determination of any dispute coming before it. (3) All proceedings before a Lok Adalat or Permanent Lok Adalat shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (45 of 1860) and every Lok Adalat or Permanent Lok Adalat shall be deemed to be a civil court for the purpose of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
9 297 C. Refund of Court Fee Where the Court refers the parties to the suit to any one of the mode of settlement of dispute referred to in Section 89 of the Code of Civil Procedure, 1908 (5 of 1908) the plaintiff shall be entitled to a certificate from the Court authorizing him to receive back from the collector, the full amount of the fee paid in respect of such plaint 6. D. Jurisdiction of Lok Adalats In State of Punjab V Jalour Singh 7 s case Honb le Supreme Court of India held that the Lok Adalat has no jurisdiction to decide matters without the consent of parties to the matters. In National Insurance Co. Ltd. v. Vijay Kumar Sharma 8 s case it was held by the court that Permanent Lok Adalats have jurisdiction to decide matter relating to accident claims in which insurer disputed the claim. E. Idea Behind Formation of Lok Adalats The idea behind formation of Lok Adalats is no doubt to expeditiously settle the claims and disputes between the parties. But at the same time the court should not forget its obligation under law to protect the interest of the parties, specially the claims of minors and persons of unsound mind. In fact, the court should keep a watch while making settlements of claims in Lok Adalats. It cannot be lost sight of that a litigant under pressure of time and money spent in courts easily succumbs to the pressure and agrees to the small amounts which may not be adequate to compensate the actual loss suffered. The court should keep a watch 6 Court Fees Act, 1870, Section 16 7 State of Punjab v. Jalour Singh, 2008 ACJ 2874 (SC) 8 National Insurance Co. Ltd. v. Vijay Kumar Sharma, 2009 ACJ 403 (JHAR).
10 298 that no such pressure prevails on a litigant. This responsibility becomes heavier when the court or tribunal is dealing with cases of minors or persons of unsound mind. In the matter of Manju Gupta v. National Insurance Co. Ltd 9, it was observed by Hon ble Allahabad High Court that Lok Adalats in the name of speedy justice, the courts should not sacrifice the real cause of justice for which confidence has been reposed on them by the society. F. Compromise on behalf of Unsound Mind and Minor Persons In a claim petition on behalf of Unsound Person and Minor, no settlement or compromise could be arrived at without the permission of the court as required under Rules 6 and 7 of Order 32 of Civil Procedure Code. In the matter of Manju Gupta v. National Insurance Co. Ltd 10 the District Judge mentioned in his report that no leave of this court has been obtained before entering in to the settlement or compromise and the mandatory provisions of Rules 7 of Order 32 of Civil Procedure Code not complied with. The Lok Adalat in the matter was presided over by the Additional District Judge acting also as the Presiding Officer of the Claims Tribunal. In the matter, a girl of the age of 3 years has lost her both legs in motor accident and father of the girl settled the matter in Lok Adalat for Rs. 30,000/- payable by Insurance Company. Tribunal passed the award on the basis of that compromise. It was held by Hon ble Allahabad High Court that the compromise entered in to was not only without compliance of Rules 7 of Order 32 of Civil Procedure Code but also the amount of Rs. 30,000/- was grossly inadequate for the injury sustained by the minor girl. Taking suo motu notice of these inadequacies, the High Court enhanced the amount of compensation to Rs. One lakhs. 9 Manju Gupta v. National Insurance Co. Ltd, 1994 ACJ 1036 (All) 10 Ibid.
11 299 From the above it follows that Claims Tribunals have the authority to enhance the amount of compensation even when a compromise settlement has been arrived between the parties at Lok Adalats. G. Reasonableness of Amount of Compromise Settlements arrived at Lok Adalats It is for the court or tribunal to decide the reasonableness of the amount of compromise settlement and agreement, if any entered in to before the Lok Adalats. Agreement entered in to before the Lok Adalats will not come in the way of the court or tribunal for granting reasonable compensation. In the matter of United India Fire and General Insurance Co. Ltd. v. Pallapu Sridevi 11, Andhra Pradesh High Court held that an amount of compensation for Rs. 91,000/- passed by the Claim Tribunal for amputation of leg of a Young Girl of seven years was not on the higher side. In the case of Karnataka State Road Transport Corporation v. Kumudavalli 12 Double Bench of Karnataka High Court held that where there is wide gulf between amount that would have been received by claimants and consequently by minors in traditional method of adjudication, and which would be much higher than which has been agreed to in compromise settlement by Lok Adalat, the tribunal would be right in rejecting the compromise. 11 United India Fire and General Insurance Co. Ltd. v. Pallapu Sridevi, 1994 (1) ACC 110 (AP). 12 Karnataka State Road Transport Corporation v. Kumudavalli, 2004 (1) ACC 80 (Kar).
12 300 H. Validity of Compromise Settlements in Lok Adalats Signed by Advocate on behalf of Party In the matter of Sakamma v. Divisional Commissioner 13 Double Bench of Karnataka High Court held that the award passed by the Tribunal in terms of the compromise is valid. In the matter contention of the claimants was that they have not authorized their Advocate to enter in to the com promise and that the compromise petitions were not signed by the claimants. However, the clause in the Vakalatnama had authorized the Advocate to compromise the matter. The Supreme Court of India in the matter of Byran Pestonji Gariwala v. Union Bank of India 14 has observed in the context that: To insist upon the party himself personally signing the agreement or compromise would often cause undue delay, loss and inconvenience, especially in the case of non-resident persons. It has always been universally understood that a party can always act by his duly authorized representative. If a power of attorney holder can enter in to an agreement or compromise on behalf of his principal, so can counsel possessed of the requisite authorization by vakalatnama, act on behalf of his client, not to recognize such capacity is not only to cause much inconvenience and loss to the parties personally, but also to delay in the progress of the proceedings of the court. If the legislature had intended to make such a fundamental change, even at the risk of delay, inconvenience and needless expenditure, it would have expressly so stated. I. Award of Lok Adalats Even Without Compromise 13 Sakamma v. Divisional Commissioner, 1994 ACJ 1266 (Kar). 14 Byran Pestonji Gariwala v. Union Bank of India, AIR 1991 SC 2234.
13 301 In the matter of Life Insurance Corporation of India v. State of Rajasthan 15, Double Bench of Rajasthan High Court held that in a dispute arising from a public utility service, Permanent Lok Adalat can pass an award even without a compromise having been arrived at between parties. J. Dismissal of Claims by Lok Adalats in Case of Default by Parties In case of absence of claimant or for any other reasons, the Lok Adalats cannot dismiss the claims of the claimants on the basis of default of claimant. The Lok Adalats must return the records of the matter to the concerned Court or Tribunal by making a noting that compromise or settlement failed. In the matter of Gangi v. Second Additional District Judge, Hamirpur 16 s case Allahabad High Court held that it is not proper on the part of Lok Adalat to dismiss the claim for default of claimant to appear. K. Award of Lok Adalat and Appeal It is settled law that no appeal lies against the award of a Lok Adalat as Lok Adalat s award is always based on consent decree. In the matter of S.Kesar Singh v. Balbir Singh 17 High Court of Jammu and Kashmir held that though such decree can be interfered with if same is result of fraud and misrepresentation or such like factors and mere vague allegation against the counsel entering in to compromise on behalf of the claimant without there being any proof or material cannot lead to a conclusion or inference that consent of claimants were result of fraud played by the counsel for the claimants. 15 Life Insurance Corporation of India v. State of Rajasthan, 2007 (1) ACC 899 (Raj.) 16 Gangi v. Second Additional District Judge, Hamirpur, 2001 (1) TAC S.Kesar Singh v. Balbir Singh, 2004 (3) TAC 241 (J & K)
14 302 In New India Assurance Co. Ltd. v. Boda Hari Singh 18 High Court of Andhra Pradesh had mentioned in the award that the parties had compromised the matter before the Lok Adalat. A mere reading of the award had revealed that the award was passed not by the Lok Adalat but by the Claims Tribunal. There was no material to show that any compromise memo signed by both the parties was ever filed in the Tribunal. Moreover, section 20 of the Legal Services Authorities Act, 1987 prescribes the procedure of the Lok Adalat to take cognizance of cases. There must be a reference by the court concerned in all pending cases. There was nothing to show that any such reference was made. The award having not been passed by the Lok Adalat, the bar under section 21(2) of that Act in respect of Appeal was, hence, not attracted and the appeal was maintainable. However, in the matter of Mst. Anachi v. Ram Chandra 19 an appeal against the award passed by the Lok Adalat on compromise between the parties was preferred on the ground that interest was not awarded. Dismissing the appeal, it was held by the Hon ble High Court that once principal amount was accepted by way of compromise, question of interest cannot be reopened in appeal after a delay of1 ½ years and more so when interest on award of compensation is not a separate cause of action. In Deputy General Manager & Divisional Controller, Karnataka State Road Transport Corporation v. Kamappa 20 the State Transport Corporation had filed this appeal against a compromise award passed by the Lok Adalat, contending that the compromise petition presented before the Lok Adalat was not signed by it or its law officer on its behalf on basis of which the compromise award had been passed. However, the compromise petition was signed by the 18 New India Assurance Co. Ltd. v. Boda Hari Singh, 2000ACJ 1580 (AP) 19 Mst. Anachi v. Ram Chandra, 2002 (1) AJR 643 (Raj.) 20 Deputy General Manager & Divisional Controller, Karnataka State Road Transport Corporation v. Kamappa, 1993 ACJ 539 (Kar.)
15 303 Advocate for the corporation, whose Vakalatnama had been filed in the court and clause in vakalatnama had authorized the Advocate to enter in to a compromise on behalf of the executants of the vakalatnama. It was held by the High Court that the award passed in terms of the compromise petition was valid and the appeal had to be dismissed. In United India Insurance Co. Ltd. v. Shabbir M Attarwala 21 the Double Bench of Mumbai High Court held that where the award of Lok Adalat could not have been passed without consent or compromise between parties, the award would be amenable to judicial review and liable to be set aside. In National Insurance Co. Ltd. v. Mossamat Das Choudhary s case 22, the Lok Adalat awarded Rs. 45,000/- less Rs. 15,000/- as already paid under no fault liability, but in other two cases arising out of one and same accident, the tribunal awarded Rs.50,000/- each. On appeal by the insurer, contending its liability to be limited only up to Rs. 15,000/- the awards passed by Tribunal were restricted to Rs. 45,000/- as in first case compromised before the Lok Adalat. In State of Punjab & another v. Jalour Singh 23 s case it was held by the Supreme Court that functioning and procedure of Lok Adalat is based on principles of nature justice, equity and fair play and they are the guiding principles for Lok Adalat. In this case it was also held by the Supreme Court that duties of Lok Adalat are to explain and persuade the parties for compromise 24. In this case it was further held by the Supreme Court that modification of award by Lok Adalat in absence of parties - not valid and liable to be set aside United India Insurance Co. Ltd. v. Shabbir M Attarwala, 2007 ACJ 2860 (Bom) 22 National Insurance Co. Ltd. v. Mossamat Das Choudhary, 1998 (2) ACC 111 (Pat) 23 State of Punjab & another v. Jalour Singh, ILC 2008 SC MAC JAN-6 24 Ibid.
16 304 L. Award of Lok Adalat not open to interference merely because amount awarded was not adequate In General Manager, Karnataka State Road Transport Corporation v.pandu 26 it was held by the High Court that the Tribunal has responsibility to see that due sanctity is given to a compromise made before the Lok Adalat and merely because the Tribunal holds that the amount awarded is not just, it can be no ground to reject the compromise particularly when there is no grievance or protest against such compromise alleging fraud, misrepresentation or coercion compelling the parties to arrive at compromise. The Tribunal cannot refuse to record the compromise on ground that amount compromised was not just and reasonable. In New India Assurance Co. Ltd. v. Ponnamma Thomas 27 it was held by the Double Bench of Kerala High Court that Tribunal was not empowered to review an award by enhancing the compensation awarded by Lok Adalat, where Tribunal reviewed an award stating error in calculation. M. Exemption from Court Fee In Chandrakanti Das v. State of Orissa 28 it was held by the High Court that where the party has not paid the prescribed fee at the time of filing of claim petition and the Lok Adalat did not insist the party to pay the fee, it was deemed that the party was exempted from paying fees under Rule 22(2) of the Orissa Motor Vehicles ( Accident Claims) Rules Ibid. 26 General Manager, Karnataka State Road Transport Corporation v.pandu,1998 ACJ 1389(Karn). 27 New India Assurance Co. Ltd. v. Ponnamma Thomas, 2009 ACJ 1331(Ker.) 28 Chandrakanti Das v. State of Orissa, 2010 (1) TAC 339 (Orissa)
17 305 N. Sanctity of Award of Lok Adalat Every award of Lok Adalat is deemed to be decree of civil court as per section 21 of Legal Services Authorities Act. Hence every award made by Lok Adalat is final and binding on all the parties to the dispute. In Tamil Nadu State Transport Corporation Ltd. v. A.T.Narendiran 29, the Madaras High Court Held that every award made by Lok Adalat is final and binding on all the parties to the dispute. In United India Insurance Co. Ltd. v. Patramana 30 it was held by the Karnataka High Court that once an award has been passed by the Lok Adalat, there cannot be any interference with it unless it is manifestly shown that the award is bad or perverse or is inherently wrong. No law comes in the way of the award made by the Lok Adalat and if at all the claimant was not happy with the award made by the Lok Adalat, he could not have agreed to file a compromise. Once the compromise is filed, tribunal is stopped from resorting to procedural irregularity and tribunal is left with no option other than drawing a decree. If the claimant has taken any objection that he has not prepared to accept the award, then the Tribunal could have proceeded in accordance with law. In United India Insurance Co. Ltd. v. Mohammed 31 the Karnataka High Court held that the award of Lok Adalat is not being an agreement arrived at between private parties, the award of Lok Adalat has got sanctity. In this matter, the Karnataka High Court had further held that the award of Lok Adalat cannot be bypassed on ground of technical irregularities Tamil Nadu State Transport Corporation Ltd. v. A.T.Narendiran, 2010 ACJ 77 (Mad) 30 United India Insurance Co. Ltd. v. Patramana, 1996 ACJ 427 (Kar) 31 United India Insurance Co. Ltd. v. Mohammed, 2000 ACJ 158
18 306 O. Provision in Civil Procedure Code for settlement of disputes out of Court I. Settlement of disputes outside the Court Section 89 of Code of Civil Procedure, disputes outside the Court. deals with Settlement of 1. Where appears to the Court that there exist elements of a settlement which may be acceptable to the parties, the Court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observation of the parties, the Court may reformulate the terms of a possible settlement and refer the same for a. Arbitration; b. Conciliation; c. Judicial settlement including settlement through Lok Adalat; or d. Mediation. 2. Where a dispute has been referred a. For arbitration or conciliation, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply as if the proceedings for arbitration of conciliation were referred for settlement under the provisions of that Act; 32 Ibid. 33 Inserted by C.P.C. (Amendment) Act, No. 46 of 1999
19 307 b. To Lok Adalat, the Court shall refer the same to the Lok Adalat in accordance with the provisions of sub-section (1) of Section 20 of the Legal Services Authorities Act, 1987 (39 of 1987) and all other provisions of that Act shall apply in respect of the dispute referred to the Lok Adalat; c. For judicial settlement, the Court shall refer the same to a suitable institution or person and such institution or person shall be deemed to be a Lok Adalat and all the provisions of the Legal Services Authorities Act,1987 (39 of 1987) shall apply as if the dispute were referred to a Lok Adalat under the provisions of that Act; d. For mediation, the Court shall effect a compromise between the parties and shall follow such procedure as may be prescribed. II. Direction of the Court to Opt for Any One Mode of Alternative Dispute Resolution. After recording the admissions and denials, the court shall direct the parties to the suit to opt either mode of the settlement outside the court as specified in sub-section (1) of Section 89 of Civil Procedure Code, On the option of the parties, the court shall fix the date of appearance before such forum or authority as may be opted by the parties 34. III. Appearance Before the Conciliation Forum, or Authority. Where a suit is referred under rule 1A of Order X, Civil Procedure Code, 1908, the parties shall appear before such forum or authority for conciliation of the suit Civil Procedure Code, 1908, Order X, Rule 1A, (inserted by CPC (Amendment) Act, 1999) 35 Ibid., Order X, Rule 1B,( inserted by CPC (Amendment) Act, 1999)
20 308 IV. Appearance before the Court consequent to the failure of efforts of conciliation. Where a suit is referred under rule 1A of Order X, Civil Procedure Code, 1908 and the Presiding Officer of conciliation forum or authority is satisfied that it would not be proper in the interest of justice to proceed with the matter further, then, it shall refer the matter again to the court and direct the parties to appear before the court on the date fixed by it 36. P. Review. A large number of cases are settled expeditiously through Lok Adalats and with lesser costs to the parties. Initially, there was no statutory backing for its functioning and decisions and Lok Adalats were working as voluntary and conciliatory agency. It is becoming popular day by day for providing a speedier system of administration of justice. In view of its growing popularity there was a demand for providing a statutory backing to the institution of and the awards given by the Lok Adalats. It was felt that such a statutory support would not only reduce the burden of the arrears of work in regular courts, but would also take justice to the doorsteps of the poor and the needy and make justice quicker and less expensive. Sections 19 to 22 of Legal Services Authorities Act, 1987, deals with organization and functions of Lok Adalats. Every State Authority or District Authority or the Supreme Court Legal Services Committee or every High Court Legal Services Committee or, as the case may be, Taluk Legal Services Committee may organize Lok Adalats at such intervals 36 Ibid., Order X, Rule 1C, (inserted by CPC (Amendment) Act, 1999)
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 237 OF 2012 [ARISING OUT OF SLP (CIVIL) NO.9850 OF 2010] REPORTABLE MOHAN SONI APPELLANT VERSUS RAM AVTAR TOMAR AND ORS. RESPONDENTS
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE CIVIL APPEAL NO. 5669 OF 2012 (Arising out of SLP (C) No.9516 of 2010) The Oriental Insurance Co.Ltd....APPELLANT(S) VERSUS Siby George
MODULE - 5 Public Liability Insurance Act 1991... 5 PUBLIC LIABILITY INSURANCE ACT 1991, AND WORKMEN COMPENSATION ACT 1923 AND MOTOR VEHICLE ACT 1988 5.0 INTRODUCTION In this chapter we will discuss various
IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : Workmen's Compensation Act 1923 FAO No.268/2004 RESERVED ON : 13.03.2008 DATE OF DECISION 19.03.2008 The New India Assurance Co. Ltd.... Through: Appellant
THE PUBLIC LIABILITY INSURANCE ACT, 99 No. 6 of 99 MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 23rd January, 99 Magha, 3, 92 (Saka) [22nd January, 99] The following Act of Parliament
Document No. 18.104.22.168-SC For departmental use only Detailed Study Report on Settlement Commission Prepared by Shri Harshal V Mete Shri Mukesh Kumar Shri Navneet Kaushal IRS (C&CE) Probationers 65th batch
New South Wales Motor Accidents Compensation Amendment (Claims and Dispute Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Motor Accidents Compensation Act 1999 No 41 2 4 Amendment of other
1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 28 TH DAY OF JUNE 2012 BEFORE THE HON BLE MR. JUSTICE L. NARAYANA SWAMY BETWEEN MFA NO. 2293/2010 (MV) NATIONAL INSURANCE COMPANY LIMITED DO-3,
SMALL CLAIMS RULES Rule 501. Scope and Purpose (a) How Known and Cited. These rules for the small claims division for the county court are additions to C.R.C.P. and shall be known and cited as the Colorado
IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : COMPENSATION MATTER Decided on: 02nd March, 2015 MAC.APP. 38/2014 THE NEW INDIA ASSURANCE CO LTD. Through: Mr.Pankaj Seth Gaur, Advocate.. Appellant versus
BILL ANALYSIS Senate Research Center C.S.S.B. 1309 By: Wentworth Jurisprudence 4/5/2007 Committee Report (Substituted) AUTHOR'S / SPONSOR'S STATEMENT OF INTENT C.S.S.B. 1309 gives the State of Texas civil
VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION CHAPTER 585 An Act to amend and reenact 38.2-2206 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 8.01 a
Disclaimer : Text of this Act/Bill/Rules is provided for information only. We undertake no responsibility for any errors/mistakes in the same. Please refer to the Gazette of India for the authentic text.
DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI THE RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT, 1993 i 1 THE RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT, 1993 SECTIONS CONTENTS
REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG CASE NO: 13/33469 (1) REPORTABLE: YES / NO (2) OF INTEREST TO OTHER JUDGES: YES/NO (3) REVISED... DATE...
CHAPTER 310 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS Section Title 1. Short title and application. 2. Interpretation. PART I PRELIMINARY
PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. Be it enacted by the People of the
Chapter 2 Motor Third Party claims 2.1 Introduction The Motor Vehicles (MV) Act, 1988 mandates payment of compensation to the victims of accidents arising out of the use of a motor vehicle or motor vehicles,
1 cp1096.2000 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 1096 of 2000 Solar Printing Inks v/s. Western India Art Litho Works Pvt. Ltd....Petitioner...Respondent
AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and
BILL ANALYSIS C.S.S.B. 1309 By: Wentworth Civil Practices Committee Report (Substituted) BACKGROUND AND PURPOSE C.S.S.B. 1309 gives the State of Texas civil remedies to be invoked by the attorney general
1. NOTIFICATION OF USE OF DSI DISPUTE SOLUTIONS, INC. ARBITRATION RULES Any company intending to incorporate these rules or to refer to the alternative dispute resolution (ADR) services of Dispute Solutions,
AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To amend the District of Columbia Procurement Practices Act of 1985 to make the District s false claims act consistent with federal law and thereby qualify
The Income Tax Ombudsman Guidelines 2010 The Guidelines are introduced with the objective of enabling the resolution of complaints relating to public grievances against the Income Tax Department and to
NATIONAL INSURANCE COMPANY LTD. v. SMT. SAROJ AND ORS. (Civil Appeal No. 3483 of 2009) MAY 12, 2009 [S.B. SINHA AND DR. MUKUNDAKAM SHARMA, JJ.] Motor Vehicles Act, 1988 ss.166 and 168 Second Schedule Vehicular
california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with
MEDIATION Texas Family Code 6.602. MEDIATION PROCEDURES. (a) On the written agreement of the parties or on the court's own motion, the court may refer a suit for dissolution of a marriage to mediation.
Ch. 6 Part A] CHAPTER 6 Suits by or Against Persons in Military Service Part A AMENABILITY TO THE CIVIL COURTS OF PERSONS SUBJECT TO MILITARY LAW 1. Jurisdiction of Civil Courts All persons belonging to
SENATE BILL 1ST LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, INTRODUCED BY Joseph Cervantes 1 ENDORSED BY THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE AN ACT RELATING TO CIVIL ACTIONS; CLARIFYING
THE PUBLIC LIABILITY INSURANCE ACT, 1991 1. Short title and commencement. (1) This Act may be called the Public Liability Insurance Act, 1991.tc "1. Short title and commencement. (1) This Act may be called
4 RIGHTS & REMEDIES AVAILABLE TO CONSUMERS 4.0 INTRODUCTION Man is a social & rational animal. He has throughout his evolution tried to improve upon everything, he has laid his hands upon, anything which
THE KERALA REVENUE RECOVERY (AMENDMENT) ORDINANCE, 2007 (Ordinance No. 38 of 2007) Promulgated by the Governor of Kerala in the Fifty-eighth Year of the Republic of India. An Ordinance further to amend
What to Expect In Your Lawsuit A lawsuit is a marathon not a sprint. Stewart R. Albertson. There is a saying that the wheels of justice move slowly. That is as true today as when it was initially stated.
MOTOR VEHICLE ACCIDENT CLAIMS ACT Act 198 of 1965 AN ACT providing for the establishment, maintenance and administration of a motor vehicle accident claims fund for the payment of damages for injury to
Revised Laws of Mauritius LANDLORD AND TENANT ACT Act 6 of 1999 15 August 1999 ARRANGEMENT OF SECTIONS SECTION PART I INTRODUCTORY 1. Short title 2. Interpretation PART II APPLICATION OF ACT 3. Premises
REPUBLIC OF SOUTH AFRICA ROAD ACCIDENT FUND AMENDMENT BILL (As introduced in the National Assembly as a section 75 Bill; explanatory summary of Bill published in Government Gazette No. 25540 of 3 October
Intellectual Property Tribunal, Act [Chapter 26:08] To provide for the establishment, functions and powers of the Intellectual Property Tribunal and to provide for matters connected therewith or incidental
REFERENCE TITLE: state false claims actions State of Arizona House of Representatives Fiftieth Legislature Second Regular Session HB Introduced by Representative Patterson AN ACT AMENDING TITLE, ARIZONA
Interjurisdictional Support Orders Act CHAPTER 9 OF THE ACTS OF 2002 as amended by 2002, c. 30, s. 9; 2012, c. 24; 2012, c. 62 2013 Her Majesty the Queen in right of the Province of Nova Scotia Published
THE HIGH COURT JUDGES (SALARIES AND CONDITIONS OF SERVICES) ACT, 954 (8 OF 954) (As amended up to 5th September, 005) ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY SECTIONS Short title Definitions CHAPTER
Appendix I: Select Legislative Appendix I: Select Federal Legislative is and Mesothelioma Benefits Act H.R. 6906, 93rd 1973). With respect to claims for benefits filed before December 31, 1974, would authorize
DISPUTES SETTLEMENT MECHANISM IN TELECOM SECTOR IN INDIA & CONSUMER RIGHTS UNDER THE TELECOM REGULATORY AUTHORITY OF INDIA ACT, 1997 BY RAMJI SRINIVASAN Advocate INTRODUCTION The protection of consumer
1 COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL KAMRUP :: GUWAHATI Present :- B J Mahanta Member, MACT Kamrup, Guwahati MAC Case No. 881 of 2011 Md Surjat Ali Claimant Versus 1 Sri Sameswar Barman (Driver of
THE ANTIQUITIES AND ART TREASURES ACT, 1972 (52 OF 1972) CONTENTS 1. Short title, extent and commencement 2. Definitions 3. Regulation of export trade in antiquities and art treasures 4. Application of
1 THE KARNATAKA DEBT RELIEF ACT, 1976 ARRANGEMENT OF SECTIONS Statement of Objects and Reasons Sections: 1. Short title, extent and commencement. 2. Declaration. 3. Definitions. 4. Relief from indebtedness.
Province of Alberta LIMITATIONS ACT Revised Statutes of Alberta 2000 Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 5 th Floor, Park Plaza
1 PERSONAL INJURIES PROCEEDINGS BILL 2002 EXPLANATORY NOTES General Outline Purpose of legislation The main purpose of this Act is to facilitate the ongoing affordability of insurance through appropriate
Page 1 HIGH COURT FORM (J) 3 HEADING OF JUDGEMENT IN APPEAL. Dist. Cachar. In the Court of Addl. District Judge, Cachar, Silchar. Present :- Shri T.K.Bhattacharjee, A.J.S. Addl. District Judge, Cachar,Silchar.
Senate Bill 202 By: Senators Unterman of the 45th, Mullis of the 53rd and Chance of the 16th A BILL TO BE ENTITLED AN ACT 1 2 3 4 To amend Article 5 of Chapter 8 of Title 31 of the Official Code of Georgia
Queensland PERSONAL INJURIES PROCEEDINGS ACT 2002 Act No. 24 of 2002 Queensland PERSONAL INJURIES PROCEEDINGS ACT 2002 TABLE OF PROVISIONS Section Page CHAPTER 1 PRELIMINARY PART 1 INTRODUCTION 1 Short
Settlement of Tax Cases CA Final Paper 7 Direct Tax Laws, Chapter 22 CA. Shekhar Sane Learning Objectives To learn methodologies to compromise or settle income tax matters by correctly representing a case
BELIZE LIMITED LIABILITY PARTNERSHIP ACT CHAPTER 258 REVISED EDITION 2003 SHOWING THE SUBSTANTIVE LAWS AS AT 31ST MAY, 2003 This is a revised edition of the Substantive Laws, prepared by the Law Revision
11. CLAIMS TRIBUNALS 11.1 Claims Tribunals (MVA S 167) 11.2 Bar on jurisdiction of Civil Courts. (MVA S 175) 11.3 Power vested in Civil Court which be exercised by Claims Tribunal (MMV R 275) 11.4 Production
ARBITRATION RULES OF THE COURT OF ARBITRATION AT THE POLISH CHAMBER OF COMMERCE Chapter I Introductory provisions 1 Court of Arbitration 1. The Court of Arbitration at the Polish Chamber of Commerce (the
CHAPTER 11 APPEALS AND DISPUTES In this Chapter look for... 11. General 11.1 Deleted 11.2 Administrative Appeals 11.3 Disputes 11.4 Alternative Dispute Resolution (ADR) 11. General. The Virginia Public
EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:
IN THE EMPLOYMENT RELATIONS COURT AT SUVA APPELLATE JURISDICTION CASE NUMBER: ERCA NO. 09 OF 2012 BETWEEN: AUTOMART LIMITED APPELLANT AND: WAQA ROKOTUINASAU RESPONDENT Appearances: Ms. Drova for the Appellant.
Number 31 of 2004 CIVIL LIABILITY AND COURTS ACT 2004 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title and commencement. 2. Interpretation. 3. Orders and regulations. 4. Service
Helping to create windows of opportunity An Overview of the Health Care Costs Recovery Act Lunch n Learn Seminar Presented by: Bruno De Vita and Kevin McLaren HEALTH CARE COSTS RECOVERY ACT, SBC 2008 c.
250 TH Report of LAW COMMISSION OF INDIA II. ENACTMENTS TO BE REPEALED BY PARLIAMENT IN CONSULTATION WITH CONCERNED STATE GOVERNMENTS S.No. Short title of the Act Subject Recommendation of Law Commission
Civil Procedure Code 7 Part : Arbitration Title : General Provisions Art. 5 Scope of application The provisions of this Part apply to the proceedings before arbitral tribunals based in Switzerland, unless
Stricken language would be deleted from and underlined language would be added to present law. State of Arkansas 90th General Assembly A Bill Regular Session, 2015 SENATE BILL 830 By: Senator D. Sanders
IRS Administrative Appeals Process Procedures Charles P. Rettig Avoiding litigation is often the best choice for a client. The Administrative Appeals process can make it happen. Charles P. Rettig, a partner
In the matter of State Farm Mutual Automobile Insurance Company ASSURANCE OF VOLUNTARY COMPLIANCE This Assurance of Voluntary Compliance ( AVC ), is entered into between the undersigned States, by their
FEDERAL COURT AND FEDERAL COURT OF APPEAL PRACTICE 2012 CASE MANAGEMENT THE MARITIME LAW PERSPECTIVE By Christopher J. Giaschi Giaschi & Margolis THE CURRENT RULES The rules relating to case management
THE ELECTRONIC SERVICE DELIVERY BILL, 2011 A BILL to provide for delivery of public services by the Government to all persons by electronic mode to enhance transparency, efficiency, accountability, accessibility
IN THE COURT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, GOLAGHAT PRESENT: Smti. I. Barman, A.J.S. Member, Motor Accident Claims Tribunal, Golaghat, Assam MAC CASE NO. 48/2010 (Under Section 166of the MV Act)
COMMONWEALTH OF MASSACHUSETTS JUVENILE COURT DEPARTMENT JUVENILE COURT RULES FOR THE CARE AND PROTECTION OF CHILDREN Rule 1. Scope of Rules These rules apply to all actions in the Juvenile Court Department
22 Settlement of Tax Cases Question 1 X & Co Ltd. had made an application to the Settlement Commission. The issue in the said application related to cash credits in the books of account. The Commission
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA NORTH WEST HIGH
NEW YORK FALSE CLAIMS ACT STATE FINANCE LAW, ART. XIII (2013) 187. SHORT TITLE This article shall be known and may be cited as the "New York false claims act". 188. DEFINITIONS As used in this article,
Background to and purpose of the Act PERSONAL INSOLVENCY ACT 2012 EXPLANATORY MEMORANDUM The Act provides for the reform of personal insolvency law and will introduce the following new non-judicial debt
THE CITY OF NEW YORK DEPARTMENT OF FINANCE NOTICE OF RULEMAKING Pursuant to the power vested in me as Commissioner of Finance by sections 389(b) and 1043 and 1504 of the New York New York City Charter,
Accounting and Related Services Arbitration Rules and Mediation Procedures Rules Amended and Effective February 1, 2015 Available online at adr.org/accounting Table of Contents Introduction.... 6 Standard
STATE OF TEXAS CONTRACT FOR SERVICES COUNTY OF DALLAS THIS CONTRACT is made and entered into by and between the CITY OF DALLAS, a Texas municipal corporation, located in Dallas County, Texas (hereinafter
THE TAMIL NADU VICTIM COMPENSATION SCHEME, 2013 LAWYER STATUTES P. VAIRAVA SUNDARAM - ADVOCATE 31st December 2013 Contents 1. Short title.-... 2 2. Definitions.-... 2 3. Victim Compensation Fund.-... 3
SENATE, No. STATE OF NEW JERSEY th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 0 SESSION Sponsored by: Senator NICHOLAS P. SCUTARI District (Middlesex, Somerset and Union) Senator GERALD CARDINALE District
Province of Alberta MOTOR VEHICLE ACCIDENT CLAIMS ACT Revised Statutes of Alberta 2000 Chapter M-22 Current as of April 1, 2015 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s
Central LHIN Governance Manual Title: Whistleblower Policy Policy Number: GP-003 Purpose: Originated: September 25, 2012 Board Approved: September 25, 2012 To set out the LHIN s obligations under the Public
Queen s Bench Forms SCHEDULE OF FORMS 3 Schedule of Forms FORMS FOR PART 1 [Foundational Rules] Form R Nil rule No. Form No. Source FORMS FOR PART 2 [Parties to Litigation] Form R rule No. Form No. Source
0 0 This ("Agreement") is entered into as of February, 0 by and between the California Department of Corporations ( DOC ) through the California Corporations Commissioner ("Commissioner"), on the one hand,
33 U.S.C. 3729-33 FALSE CLAIMS ACT STATUTORY LANGUAGE 31 U.S.C. 3729. False claims (a) LIABILITY FOR CERTAIN ACTS. (1) IN GENERAL. Subject to paragraph (2), any person who (A) knowingly presents, or causes
3721L.01I AN ACT To amend chapter 383, RSMo, by adding thereto thirteen new sections relating to the Missouri health care arbitration act. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,
Number 46 of 2003 PERSONAL INJURIES ASSESSMENT BOARD ACT 2003 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title. 2. Commencement. 3. Civil actions to which Act applies. 4. Interpretation.