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“Law Master’s” Publication
“Lok-Adalat”
Prof. S.D. Bhosale
(..6..)
Lok-Adalat
Question Bank
Q.1. State the object and scope of the Legal Services Authorities Act 1987.
Short Notes
1. Lok-Adalat.
Table of Contents
III. Benefits of Lok Adalat:-.............................................................................................56
2. Procedural flexibility:-..............................................................................................55
4. Direct interaction:-....................................................................................................55
IV. Establishment of Lok Adalats (S. 19)-.......................................................................55
2. Composition of Lok Adalat:-....................................................................................55
3. Jurisdiction of Lok Adalat:-......................................................................................56
Return the matter if no settlement is arrived:-..............................................................57
VII. Powers of Lok Adalat (S. 22):-.................................................................................57
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“Law Master’s” Publication
“Lok-Adalat”
Prof. S.D. Bhosale
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I. Introduction:-
Lok Adalat is a very popular mode of settlement of a dispute amicably. The Lok
Adalats are established under the Legal Services Authorities Act, 1987 (hereinafter
called as “the Act”.). The object of the Lok Adalat is to provide expeditious, economical
and competent justice to the parties. The Act also provides free legal help to poor and
needy citizens. The scope of Lok Adalat has increased enormously, including the
settlement of business matters also.
II. Meaning of Lok Adalat:-
Lok Adalat is one of the alternate dispute resolution mechanisms. It is a form
where disputes or cases pending in a court of law or at pre-litigation stage are settled or
compromised amicably. Lok Adalat is known as ‘people’s Court”. As the name itself
suggest it is not a court of law. In fact, the base of Lok Adalat is to provide free,
accessible and speedy justice. In Lok Adalat, parties settle their dispute through
negotiations and conciliation. It is a win-win situation for both parties to the dispute.
In fact, Lok Adalat is not defined specifically under the Act. However, Ch. VI. Of
the Act, from Ss. 19 to 22, deals with different aspects of Lok Adalat.
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“Law Master’s” Publication
“Lok-Adalat”
Prof. S.D. Bhosale
III. Benefits of Lok Adalat:-
The Lok Adalats are very popular among litigants due to the following reasons-
1. Instant settlement:-
The dispute is settled instantly. Even in a one-sitting dispute that may be settled,
it saves the time and money of the parties.
2. Procedural flexibility:-
Main advantages of Lok Adalat are procedural flexibility and speedy settlement
of disputes. Parties by negotiation settle the dispute among themselves with the help of
Lok Adalat; therefore, the laws i.e., C.P.C., Evidence Act, etc., do not apply to it.
3. No Court fees:-
Free justice is provided in Lok Adalat; therefore, no court fees are charged in the
matters. In the matters where the court fees is already paid, the court fees is refunded if
case is settled through Lok Adalat.
In High Court of Judicature at Madras v. M.C. Subramaniam
Laws (SC) 2021-2-79
The Supreme Court observed that the parties who get their dispute settled privately
without the intervention of any Arbitrator/Mediator/Conciliators in Lok Adalat, etc.,
stand on equal footing with those parties who get their dispute settled amicably through
Arbitration, mediation or conciliation in the Lok Adalat, by invoking provisions of S. 89
CPC. Therefore, they are also entitled to a refund of court fees.
4. Direct interaction:-
The parties and their counsels can directly interact with judges, which is not
otherwise possible.
5. Binding Award:-
An award of Lok Adalat is binding upon the parties as if a decree of a civil court.
6. Maintain Relations:-
Lok Adalat is a mode of amicable settlement of a dispute. Therefore, good and
cordial relations are maintained between the parties of the dispute.
IV. Establishment of Lok Adalats (S. 19)-
S. 19 of the Act, discusses the following-
1. Authorities which organizes 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,
Taluka 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.
2. Composition of Lok Adalat:-
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“Law Master’s” Publication
“Lok-Adalat”
Prof. S.D. Bhosale
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
Taluka Legal Services Committee, organizing such Lok Adalat.
‘Other Persons’ mentioned above are appointed by the Central or State
Governments in consultation with the Chief Justice of India or the Chief Justice of the
High Court as the case may be.
3. Jurisdiction of 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-
(a) any case pending before; or
(b) any matter which is falling within the jurisdiction of, and is not brought before
(pre-litigation).
However, Lok Adalat shall have no jurisdiction in respect of any case or a matter
relating to an offence not compoundable under any law. The Lok Adalat has proved very
useful in settling disputes relating to (i) civil mattes, (ii) revenue matters, (iii)
compoundable criminal offences, (iv) matters pending before different tribunals, (v)
family matters, (vi) motor-accident claims, (vii) matters relating to workmen’s
compensation, (viii) Banking recovery matters, (ix) Co-operative matters, etc.
V. Cognizance of cases by Lok Adalats (S. 20): -
Already pending cases may be referred to Lok-Adalat in the following
circumstances-
(i) where the parties to the cases agree,
(ii) Where one of the parties to the case makes an application to the court to refer the
case to Lok Adalat, and if the court prima facie satisfies that there are chances of
such a settlement; or
(iii) the court is satisfied that the matter is an appropriate one to be taken cognizance of
by the Lok Adalat,
However, the court cannot refer the dispute directly to the Lok Adalat unless it gives
an opportunity to be heard to the parties.
In case of pre-litigation matters which are not brought before a court, the Authority
or a committee organizing a Lok Adalat, may, on receipt of an application from any
party, refer such matter to Lok Adalat, provided the Authority gives a reasonable
opportunity of being heard to the other party.
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“Law Master’s” Publication
“Lok-Adalat”
Prof. S.D. Bhosale
After reference of the matter, the Lok Adalat shall proceed to dispose of the
case or (pre-litigation) matter and arrive at a compromise or settlement between
the parties.
Every Lok Adalat shall, while determining any such referred matter or a case, act
with utmost expeditiously 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.
Return the matter if no settlement is arrived: -
If no settlement is arrived between the parties, the Lok Adalat shall refer the
matter back to the court to dispose the matter according to the law. The Lok Adalat shall
also advise the parties to seek remedy in a court.
The concerned court shall start the proceeding of the matter from the stage at
which it was referred.
VI. Award of Lok Adalat (S. 21):-
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. Where a compromise or settlement has
been arrived at, the court fees shall be refunded. Such a refund shall be made
according to the provisions of the Court Fees Act, 1870.
Every award made by a Lok Adalat shall be final and binding upon the parties
to the dispute, and no appeal shall lie to any court against the award. Thus, it shows that
the award is final.
VII. Powers of Lok Adalat (S. 22):-
The Lok Adalat has the same powers as a civil court, under C.P.C., with respect
to-
(a) 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.
Without prejudice to the general powers above mentioned, the Lok Adalat shall
have the requisite powers to specify its own procedure for the determination of any
dispute coming before it.
All proceedings before the Lok Adalat shall be deemed to be judicial
proceedings.
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“Law Master’s” Publication
“Lok-Adalat”
Prof. S.D. Bhosale
Notes
Lok Adalat in Motor Accident claim:-
Lakhs of motor accident compensation claim cases under the Motor Vehicles Act,
1988, for personal injury or death are pending before different courts in India. In fact, in
such types of cases, applicants need urgent help or monetary assistance. But it takes at
least three to five years to decide the case through the regular judicial method.
In Lok-Adalat, the matters can be settled speedily.
There are around 60% of total injury claim cases relating to small injuries. Such
cases can be settled through alternate dispute resolution, specifically Lok Adalat.
Even though a large number of cases are settled through Lok Adalat, a lot needs
to be done to settle a larger number of cases, taking into consideration the pendency of
cases.
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