National Insurance Company Limited vs Smt. Seema Aparaste on 22 February, 2013
Under section 22-B of the Legal Services Authorities
Act, 1987, a Permanent Lok Adalat is established and it
consists of a person who has been a District Judge or an
Additional District Judge or a Judicial Officer, who is
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Writ Petition No : 8667 / 2012
National Insurance Co. Ltd. Vs. Smt. Seema Paraste and others
Chairman of the Permanent Lok Adalat and, thereafter two
other Members fulfilling the experience and other criterion
stipulated in sub-section (2)(b) of Section 22-B. It is, therefore,
clear that a Permanent Lok Adalat of Three Members is
constituted under section 22-B and thereafter award is passed
by the said Permanent Lok Adalat in accordance to the
requirement of sections 22-D and 22-E. Once an award is
passed by the Permanent Lok Adalat and when the law
contemplates that a Permanent Lok Adalat shall consist of
Three Members, it is not known as to how and under what
circumstances the Chairman of the Permanent Lok Adalat can
order for recall of the award without participation or consent of
the other two Members. Once an award is passed by a Bench of
Three Members, who constituted the Permanent Lok Adalat, it
is only the same Bench which can modify or recall the award
and the authority of the Chairman alone to modify the award is
not clear or established from the provisions of the statute.