relevancy of Tort

The law of torts in India is in a nascent stage.In most of the cases in  our country  we see are of  compensation claimed on  road accidents.In western countries the law of Torts has  undergone many a changes it has developed  vastly .We are not able to get compensation for  many of  the victims of Bhopal gas tragedy untill today even after the lapse of decades they have not been rendered justice.In developed countries the torts had been doing wonders in adjudication and also in execution as for as environmental issues,e.t.c.and also I have heard of a US court awarded damages to a smoker who suffered  lung cancer from the cigareette company.

Let us hope in the near future our country also legislate a special enactment and its execution without any cumbersome proceedures.   

well our friend has rightly answered ur query and to add on this i should tell u that law of torts is an english law which has very least acceptability in our indian legal system for the wider acceptability our law maker plus our judiciary have to be more indulgent on this aspect coz indian economy is no longer remain mixed economy  in broader sense and it has changed to capitalist economy so the amount of compensation/ penalty awarded today also is very low comparitive to the status of individual so the basic idea of punishment by way of puting liability on any one in form of compensation / penalty is like peanuts to them hence the word punishment is like no use to them and they are not getting bothered with the same. today in most of the mediclaim refusal statistic shows that refusal by insurance companies are just to avoid their liability and the penalty imposed on them is so low that its like nothing to them and they got benifited rather with this as they are earning more by way of interest by holding that money for that given period of time.

It is a common law administered by the equity courts of England since  four centuries. This system of law is followed in India also. This is a civil wrong. forum for filing torts case is civil courts.for details read

law of torts by r.k.bangia

atchedan pillai

salmond

winfield and jolaowick.

Friend,

      As far as i am concerned with the law of torts in India. We have remedies available for different kinds of torts such as Damages, Injunctions etc. But all these are as per the relevant Act for each tort such as if it is connected with railways, remedies are available as per Railways Act and for accidents it is guided through Fatal Accidents Act 1855. so friend for detailed procedure, you can read the respective act as applicable for each kind of recognised tort.

Kumar Arvind

LLB IInd yr. students