Tort case

M. R. Khan (Querist) 22 November 2011 This query is : Resolved
D/Experts,
Does lodging of FIR is necessary for tort cases, i.e. due to negligence of someone i got hurt physically and i want to sue for compensation.
Thx. and reg.

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Devajyoti Barman (Expert) 22 November 2011
Tort case is not recognised as a separate branch of law in India since most of its principles has been codified in both civil and criminal jurisprudence.

If you wish to proceed in criminal laws then you have to lodge complaint else you need not for civil suit.

Kiran Kumar (Expert) 22 November 2011
both the civil and criminal proceedings can run concurrently.

if you wish to set criminal law in motion then certainly you need to file a complaint.

however, for damages you may go for civil litigation only.

prabhakar singh (Expert) 22 November 2011
I agree with both of experts with one addition that for filing a tort case filing an FIR is though not a legal necessity but in a injury case filing FIR timely and then going for medical by reference or by police may make your case a little weighty.