Compensation for injures

rajvinder singh (Querist) 27 September 2012 This query is : Resolved
child was illegaly employed by some persons of his village and during the forcible work being taken from him the arm of the boy was cut down and fir was lodged under necessary sections of ipc.

now the parents of child want to file the suit for damages sustained by the disabled child
my query is that whether the suit is maintainable at this stage as trial is pending?
give some citations

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ajay sethi (Expert) 27 September 2012
suit for damages isn maintanable . it has nothing to do with criminal case filed .

rajvinder singh (Querist) 27 September 2012
pls give any citation for help and drafting a case

Sudhir Kumar, Advocate (Expert) 28 September 2012
only a case of tort.

I doubt that in this country whether any single labour law applies on farmers.

prabhakar singh (Expert) 29 September 2012
Suit in category of tort can be filled subject to law of limitation.Criminal trial would have no bearing for such civil suit.

Raj Kumar Makkad (Expert) 30 September 2012
Child labour comes within prohibited acts in India and this is also an offence but still the concept of damages is not prevalent. You may try for it as this is also not prohibited to file and claim. One has to initiate a day or the other.

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