Tort Claims
The Indian law of Tort is an evolved and developed extension of the Tort law in the UK, known as the “judge-made law”. Although it is not codified, it has existed for several years.In simple terms, a Tort can be defined as an act conducted by one person towards another which causes harm to the other person.
This act of wrongdoing causes injury to the other person or damage. Injury is the invasion of a person’s legal right, and harm is the causation of any loss or detriment to the person, leading to suffering. The intensity of Tort is further determined by whether the act was intentionally caused to inflict harm on the other person or if the person acted negligently, which caused harm to the other person.
The Indian law of Tort was shaped after the principles of Tort law developed in the UK. The cases of Tort in India are tried in Civil courts, and the relief includes damages by monetary compensation or an order for injunction or restitution. Torts can be broadly divided into three categories based on the wrongdoing caused, namely –
- Intentional Torts
- Negligent Torts
- Torts under Strict Liability.
The courts in India have often taken the stand that Tort law is essential in India and is beneficial for the growth and development of society. However, due to the lack of codification, the public’s knowledge of Torts is limited. Under the following basics about tort claims,
Compensation – an action under Tort is tried in civil courts where the relief sought is usually compensation, i.e. damages or injunction.
Concept of Injury: Injuries and damages do not always go hand in hand.
The burden of Proof – The plaintiff under Tort must prove the existence of the defendant’s duty towards the plaintiff, breach of this duty, injury caused to the plaintiff and damages suffered by the plaintiff due to such breach.
Vicarious Liability – If the defendant has committed Tort while acting under direct orders and supervision of his seniors, his seniors are vicariously liable for his act.
Contributory Negligence – If the plaintiff has contributed to a part of the wrongdoing, they are not liable to be compensated.
Joint Liability in Tort – When the injury is caused due to the wrongdoing of two or more people, all such people are liable to pay the compensation.
Self-Defense – The defendant in a suit for Tort can claim the defence that they acted merely to defend themselves or their property from danger.
If you have been the victim of a tort, it is essential to seek legal representation to help you get the compensation you deserve. At Icon Legal Services, our experienced lawyers are dedicated to fighting for our client’s rights and holding negligent parties accountable for their actions. Contact us today to schedule a consultation and learn more about how we can help you with your tort claim.