Answer By law4u team
The Lok Adalat plays a significant role in resolving medical negligence cases in India by offering a speedy, low-cost, and amicable alternative to traditional litigation. It functions under the Legal Services Authorities Act, 1987, and is recognized as a statutory forum for dispute resolution. Here’s the detailed role of Lok Adalat in such cases: 1. Nature of Lok Adalat – Lok Adalat (People’s Court) is a non-adversarial forum that encourages compromise or settlement between parties. – It handles cases pending in court or pre-litigation matters where both parties are willing to settle. 2. Medical Negligence and Lok Adalat – Medical negligence cases, which often involve compensation claims, can be referred to Lok Adalat, but only if both the patient and the doctor/hospital agree. – These cases are often complex, but if the facts are not heavily disputed, and compensation can be reasonably discussed, Lok Adalats provide a useful platform for resolution. 3. Advantages in Medical Negligence Cases Speedy Resolution: Cases are settled in a single day or session. No Court Fee: There is no fee for lodging or resolving a case in Lok Adalat. Final and Binding: The award passed is binding, has the status of a civil court decree, and is enforceable by law. No Appeal: The decision cannot be appealed, ensuring finality. Confidential and Less Stressful: Proceedings are informal, promoting open dialogue and avoiding the pressure of a courtroom. 4. Types of Lok Adalat Forums That May Handle Such Cases – Permanent Lok Adalat (PLA) for public utility services like government hospitals – National Lok Adalat organized periodically at all levels – District or State Lok Adalats for general dispute resolution --- 5. Limitations – Both parties must consent to settle. – Cannot decide cases where parties are not ready to compromise. – Not suited for serious or highly contested claims requiring expert testimony or legal interpretation. – Cannot impose a solution; it can only facilitate a mutual agreement. 6. Procedure – The case can be referred by a court, or the parties can apply voluntarily to the Legal Services Authority. – A panel of judges, doctors, or legal professionals assist in settlement. – Once both sides agree on a solution, the Lok Adalat passes an award. In summary: Lok Adalat offers an efficient and people-friendly way to resolve medical negligence disputes, especially when parties seek a quick, mutually agreeable compensation. It avoids long trials, reduces costs, and promotes harmonious resolution, but is effective only when both sides agree to settle.
