AMBIKA KUMARY Vs. STATE OF KERALA

JUDGEMENT

(1.) 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 against this order the Appellants filed Writ Petition before the learned Single Judge for declaration that dispute is outside the scope and jurisdiction of the PLA and for prohibitory orders against the PLA from proceeding with the complaint. The learned Single Judge, however, did not accept the contentions of the Appellants by holding that Appellants' effort is only to delay the matter before the PLA and the W.P.(C) was accordingly dismissed. It is against this judgment of the learned Single Judge Appellants have filed this Writ Appeal before us.

(2.) We have heard Senior counsel Sri. Gopakumaran Nair appearing for the Appellants, counsel appearing for the contesting parties, Standing Counsel for the E.S.I. Corporation and Government Pleader for the State.

(3.) Since the issue raised pertains to the scope and nature of jurisdiction of the PLA, we have to necessarily consider the relevant provisions of the Act, namely Sections 22C, 22D and 22E, which are extracted hereunder.