High Court Lok Adalat

Article 39-A of Indian Constitution provides for equal justice and free legal aid. Accordingly the State has to 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 due to reason of economic or other disabilities. In compliance to mandate of Article 39-A of Indian Constitution, The Legal Services Authorities Act, 1987 was enacted with following preamble:-

"An Act 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 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".

Legal Services Authorities Act, 1987 provides for the free legal services to the weaker sections of the society and also provides the system of the Lok Adalat which is unique mechanism for resolution of disputes and falls in category of alternate dispute resolution mechanism. Chapter VI of Legal Services Authorities Act, 1987 deals with the institution of Lok Adalat, which shall consists of serving or retired Judicial Officers and other persons as presiding officers of the Lok Adalat. Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of :- (i) any case pending before; or (ii) any matter which is falling within the jurisdiction of and or not before any court for which Lok Adalat is organized.

Provided that Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offence not compoundable under any law.

Every Lok Adalat shall while determining any reference before it under this Act shall 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 established legal principles. According to Section 21 of Legal Services Authorities Act, 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, (7 of 1870). Section 21(2) of Legal Services Authorities Act, 1987 provides that 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.

As such Chapter VI of Legal Services Authorities Act, 1987 provides for very simple, easy and effective procedure for Lok Adalats. Emphasis is on compromise and settlement. Principles of justice, equity, fair play are kept in mind in arriving to Lok Adalat settlement. Procedure for Lok Adakat is not as complex as the procedure laid down in the Civil procedure Code and in other enactments. Lok Adalat mechanism can prove a effective tool and method for resolution of number of disputes and for settlement of large number of pending cases.

At the District Court level, Lok Adalats are taking up large number of cases with a great success result. District Courts are the foundation forum in regard to dispute resolution. Mostly matters are resolved here on factual level only without giving any finding on law points. But on contrary, High Court Lok Adalat is not so easy and simple as High Court litigations are not only based on facts but also on legal questions. Perhaps these are the reasons that the High Court Lok Adalats are not proving so fruitful. However, in spite of requirement of the adjudication on law points in High Court there are several categories of cases in which High Court Lok Adalat can be resorted with great success. Concept of Lok Adalat at High Court level is likely to take some time in getting firm roots.

More than 25,000 F.A.F.Os. relating to motor vehicle accident compensation cases are pending in Hon'ble Allahabad High Court, oldest F.A.F.O. cases date back to year 1980 or so. In these F.A.F.O.'s, quantum of compensation or liability of insurance company or of the vehicle owner is involved for determination. Question of quantum of compensation can be discussed in between victim and opposite parties to bring successful settlements and compromise. In regard to liability of insurance companies and vehicle owners, legal position has developed to a greater extent due to number of pronouncements by the apex court. As such liability questions of insurance companies and vehicle owners can be sorted out very easily in Lok Adalat sittings and negotiations. Therefore, in regard to motor vehicle accident F.A.F.O. cases, High Court Lok Adalat can deliver wonderful result to the litigants. It is necessary that both insurance companies, victims and their counsels be made aware in regard to effectiveness of Lok Adalat. Public attention needs to attracted towards High Court Lok Adalat as there is a huge pendency of motor vehicle accident F.A.F.O. cases. In Lok Adalat generally old F.A.F.O. cases relating to motor vehicle accident compensation cases are fixed but other category of cases can also be included for Lok Adalat settlement. Matrimonial civil cases, purely civil nature cases, succession cases and disputes relating to family disputes can also be taken up in High Court Lok Adalat.

For fixation of cases in Lok Adalat, request can be placed to High Court Legal Services Committee by any of the party to the dispute which will lead to notice to other party. If both the parties come forward for negotiation then in presence of Judicial Officers, retired Judicial Officers or any other persons dispute can be discussed with view to arrive to some amicable of settlement in between parties. Such settlement settles the dispute for all time to come without any scope for future litigation. Lok Adalat settlement reduces acrimony and malice of the parties as well because Lok Adalat settlement is always voluntary and to the satisfaction of both the sides without any loss of face and hurt to the parties ego, honour and sentiments.

Before concluding it is necessary to mention that F.A.F.O. relating to motor vehicle accident compensation cases can easily be resolved in High Court Lok Adalat, therefore, parties may come forward for fixation of their F.A.F.O. cases in High Court Lok Adalats which are regularly organized in High Court campus. Under the chairmanship of Hon'ble Mr. Justice Sunil Ambwani, the High Court Legal Services Committee is going to hold Lok Adalat on Saturday, 30.04.2011. In this Lok Adalat eight benches shall take up 90 cases for adjudication on compromise basis. Benches shall be headed by eminent lawyers like S/Sri A.N. Tripathi, Advocate, J. Nagar, Advocate and Ashok Mehta, Advocate and other practicing advocate besides Judicial Officers of the Registry of the High Court.

Dinesh Gupta, H.J.S.

Registrar General

High Court, Allahabad