Medical Insurance -- Breast Cancer - Concealment of previous ailment - Suppression of material information that previous ailment as abscess was removed from patient breast and patient was suffering from breast tenderness and had got consultation for difficulty in passing urine and advised for ultrasound but same was not disclosed in proposal form - Certificate of doctor..........
Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Deemed to be decree of Civil Court - Even though award was passed pursuant to reference of a criminal case made by a criminal Court, award being a decree of a civil Court can be executed by Civil Court, as Act does not make any distinction between reference made by a civil Court or a criminal Court...........
Civil Procedure Code, 1908, Section 38, 39 -- Execution - Award of Lok Adalat - Property situated outside jurisdiction of Court - Execution be filed before competent Civil Court - Thereafter D.H. to get the execution petition transferred to the Court within whose jurisdiction the property is situated - In the instant case execution petition filed in the Court within whose..........
Legal Services Authorities Act, 1987, Section 20 -- Lok Adalat - Case referred to Lok Adalat for settlement - No notice was given to defendant before matter was referred to Lok Adalat - Thus, order of Lok Adalat is bad in law and is in contravention to provision of S.20 of the Act, as case cannot be disposed of by Lok Adalat without consent of all parties - Order of Lok..........
Legal Services Authorities Act, 1987, Section 22B, 22A(b) -- Permanent Lok Adalats - Cannot perform adjudicatory function and proceed to decide claim based on tortuous liability merely because petitioners are operating public utility service u/s 22-A(b) of the Act - Award passed by Lok Adalat set aside - Petition allowed...........
Legal Services Authorities Act, 1987, Section 22E, 22B, 22A(b), Medical Termination of Pregnancy Act, 1971, Section 3 -- Permanent Lok Adalats - Award of compensation - Negligence on part of medical practitioner - No such finding of negligence appears to have been recorded factually and no express conclusive finding has been recorded by Permanent Lok Adalat regarding..........
Legal Services Authorities Act, 1987, Section 22C -- Insurance - Theft of vehicle - I.O. could not trace stolen vehicle and filed untraced report - However, before filing untraced report insurance company was informed about incident - No intentional delay on part of respondent in intimating insurance company regarding theft of insured vehicle - Insurance company ignored..........
Civil Procedure Code, 1908, Section 151, Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Suit for recovery of money - Mistake of Court - On compromise for settlement, award of Lok Adalat becomes final - But instead of passing award as per memo, Lok Adalat Committee by mistake took civil dispute as criminal compounding case - Mistake committed is..........
Legal Services Authorities Act, 1987, Section 22C -- Permanent Lok Adalat - Has no power or jurisdiction to pass a restraint order when it is dealing with application u/s 22C(3) till 22C(7) of the Act...........
Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Guidelines in order to prevent menace of passing awards without due care, attention and precision by Lok Adalats are as follows: (i) persons presiding shall thoroughly study and clearly understand the facts of case coming up for settlement; (ii) they must have a clear understanding about the legal..........
