The question (6 marks)
Sunil's claim for compensation arising out of a road accident is pending before a tribunal. During its pendency the insurer offers to settle, and the tribunal refers the matter to a Lok Adalat, where the parties agree on a figure and an award is passed. Sunil's cousin later persuades him that he should have received more, and he wishes to appeal. (a) Was the reference proper and what powers did the Lok Adalat exercise? (b) Can the award be appealed, and what would have happened had the parties not settled? (6 marks)
MU Module I, Lok Adalat jurisdiction and award; pack ch. 01, ss. 19(5), 20, 21, 22 and Afcons.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · The Legal Services Authorities Act, 1987 of Alternate Dispute Resolution.
Authorities you will need
- Legal Services Authorities Act
- Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd.
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.