In India, compensation for death or injury resulting from an actionable wrong depends on whether such wrong is a crime or a tort. Compensation for an injury suffered as a result of crime is provided under the Code of Criminal Procedure. For injuriesarising from torts, including crimes that are also torts, there are statutory compensation regimes like the Motor Vehicles Act, 1988, the Employees Compensation Act, 1923, the Public Liability Insurance Act, 1991, Fatal Accidents Act, 1855 and the Railways Act, 1989. These legislations provide comprehensive rules regarding compensation for matters that fall within the scope of each statute. These include rules relating to the creation of liability of the wrongdoer, the nature of liability (i.e., fault and no-fault), the amount of compensation to be paid, who has the obligation to pay the compensation, and the procedure and forum for seeking compensation.
Cite this article:
Shirish Aggarwal. Efficacy of Compensatory Laws. Res. J. Humanities and Social Sciences. 2018; 9(2): 469-474. doi: 10.5958/2321-5828.2018.00079.7