The National Lok Adalat has asked the Indian Railways to authorise its officials to enter into settlement with accident claimants to reduce the pendency of cases before courts.
The Lok Adalat, headed by justice Anuja Prabhudessai of the Bombay high court, made these observations during a hearing on May 7 after it was informed that more than 1,000 cases were pending for settlement. Apart from justice Prabhudessai, the other members on the panel were RV Wanwadi and DM Mata.
While hearing the first appeals against orders of the Railway Claims Tribunal, the Lok Adalat was told by applicants that around 43 appeals were listed for the day. It was also informed that an additional 155 appeals placed before the Lok Adalat in its previous hearing on March 12 were also waiting to be heard.
The counsel for Indian Railways, advocate TJ Pandian, told the Lok Adalat that the pendency was due to the fact that the railway officers present were not authorised to decide on the settlement/consent terms.
On March 12, the panel had directed the railway authorities to allow its officers to enter into settlement/compromise with accident claimants. However, on May 7, Pandian informed the Lok Adalat that its order had been conveyed to the executive director, Railway Board, New Delhi, who had replied on March 28 that no guidelines to authorise officers to enter into consent terms had been framed as yet.
After hearing the submissions, the panel said, “Lok Adalat provides expeditious, economic, and viable justice to the common man and the needy section of society, particularly to those who have lost their limb or loved one or a bread earner in an untoward incident. It is, therefore, necessary for the authority concerned to take an expeditious decision regarding authorisation to the officers to enter into settlement or compromise.”
The panel further said authorising officers would not only reduce pendency of cases before courts but would also be in the interest of victims and be in line with the fundamental principle that undue delay in settlement of compensation would defeat the very purpose of the legislation. “We therefore hope and expect that the railway authorities will view the matter seriously and take an expeditious decision in this regard,” the Lok Adalat said.
Cases in Lok Adalats are transferred from various courts where they are originally filed, which include civil and minor criminal cases as well. However, due to time constraints and pendency, litigants are given an option of having their cases fast-tracked by having them heard and adjudicated by Lok Adalats. Before the cases come before Lok Adalats, the litigating parties are asked by representatives of the district legal services authority to settle the matter amicably. If the parties agree, the same is informed to the judge and the members presiding over the Lok Adalats, and orders are passed based on the terms and conditions arrived at by both parties.