DR.BOBBY JACOB Vs. K.P.SURESH

JUDGEMENT

(1.) Heard Sri.S.Gopakumaran Nair, the learned Senior Counsel appearing for the appellant in the W.A.176/2019. Also heard Sri.Harish Gopinath, the learned counsel appearing for the Medical Trust Hospital (appellant in W.A.No.183/2019). The complainant before the Permanent Lok Adalath, is represented by Sri.Sreelal Warriar, the learned counsel.

(2.) These two appeals arise out of the common judgment dated 22.11.2018 in the W.P.(C)Nos.11755/18 and 11755/18, which were filed seeking a declaration that the Permanent Lok Adalath under the Legal Services Authorities Act , 1987, hereinafter referred to as 'the Act', will have no jurisdiction to take cognizance of the Ext.P1 complaint (PLP No.29/2018 filed by the respondent Mr.K.P.Suresh) under which, compensation was claimed alleging medical negligence of the doctors and the hospital.

(3.) The writ petitioners contended that the claimant does not belong to the weaker section of the society and therefore, no legal service can be claimed by him, under the Act. Moreover, since the Permanent Lok Adalath is to exercise jurisdiction at the pre litigation stage and conciliation and settlement are contemplated, a claim pertaining to medical negligence cannot be adjudicated by the Permanent Lok Adalath, since it will require consideration of evidence of either party. It is also contended that unless settlement of dispute on admitted facts is possible, the Permanent Lok Adalath is not the appropriate forum to consider the claim made by the respondent.