MEANING & DEFINITION
Remedies in tort law refer to the legal measures available to victims to obtain relief for wrongs committed against them. The primary aim of tort remedies is to compensate the injured party and restore them to their original position as far as possible. Tort remedies seek to make the plaintiff whole again after suffering harm due to the defendant’s wrongful conduct. The main remedies in tort law include damages injunctions and specific restitution of property.
TYPES OF REMEDIES
(1) Damages
Damages represent the most common remedy in tort cases. They involve monetary compensation awarded to the plaintiff for losses suffered. Courts may award different types of damages depending on the nature of the tort and harm caused:
Nominal Damages
These are awarded when the plaintiff’s legal right has been violated but no actual loss has occurred. Nominal damages recognize the infringement of a right even in the absence of tangible harm. For instance in Constantine v Imperial London Hotels Ltd the plaintiff was awarded nominal damages of five guineas when the defendant wrongfully refused him accommodation.
Contemptuous Damages
These are very small damages awarded when the court believes the plaintiff’s claim lacks merit. The amount is kept minimal to show the court’s low opinion of the case while technically finding for the plaintiff.
Compensatory Damages
This is the most common type aimed at compensating the plaintiff for actual losses suffered. It may cover medical expenses lost income pain and suffering and other quantifiable losses. The goal is to restore the plaintiff to their pre-tort position financially.
Aggravated Damages
These may be awarded when the defendant’s conduct was particularly outrageous or malicious causing heightened distress to the plaintiff. They compensate for the added insult or humiliation.
Exemplary/Punitive Damages
These go beyond mere compensation and aim to punish the defendant and deter similar conduct. They may be awarded for oppressive arbitrary or unconstitutional actions by government servants or when the defendant calculated that potential profits would exceed compensation payable.
Prospective Damages
These compensate for probable future losses resulting from the tort that have not yet materialized. For instance future medical expenses or loss of earning capacity due to an injury.
Injunctions
An injunction is a court order directing a party to perform or refrain from performing a specific act. Injunctions can be:
- Temporary/Interlocutory – Granted before final judgment to preserve the status quo.
- Permanent/Perpetual – Issued after full trial prohibiting an act indefinitely.
- Prohibitory – Forbidding the defendant from doing something.
- Mandatory – Requiring the defendant to take positive action.
Injunctions are often used to stop ongoing torts like trespass or nuisance. For instance ordering the demolition of a wall obstructing the plaintiff’s right to light.
Specific Restitution of Property
This remedy requires the defendant to return specific property wrongfully taken from the plaintiff. It applies to both movable and immovable property. For example ordering the return of a stolen vehicle or restoration of wrongfully occupied land.
PRINCIPLES FOR AWARDING DAMAGES
Measure of Damages for Personal Injury
Courts consider the following factors when assessing damages for personal injury:
- Pain and suffering – Both physical and mental including loss of amenities of life.
- Actual pecuniary loss – Medical expenses and other out-of-pocket costs.
- Loss of earnings – Both past and future loss of income due to the injury.
- Cost of future care – Ongoing medical treatment nursing care etc.
- Loss of earning capacity – Reduction in ability to earn in the future.
The courts aim to provide “full and adequate” compensation to restore the plaintiff’s position as far as money can. However the compensation must be fair and reasonable.
Prospective Damages
Courts may award damages for future losses that are reasonably likely to occur. This includes future medical expenses loss of future earnings and other anticipated losses flowing from the injury. The assessment involves estimating the plaintiff’s life expectancy and future needs.
Interest on Damages
Courts may award interest on the damages amount from the date of filing the lawsuit till payment. This compensates for the time value of money. Interest rates of 6-12% per annum are common.
Effect of Insurance Benefits
Generally amounts received by the plaintiff from insurance policies are not deducted from tort damages. This is based on the principle that the defendant should not benefit from the plaintiff’s prudence in obtaining insurance.
Damages for Shortened Life Expectancy
When a tort reduces the victim’s life expectancy courts may award damages for loss of expectation of life. This compensates for the lost years of life. In Gobald Motor Service Ltd v Veluswami the Supreme Court awarded Rs. 5000 for loss of expectation of life.
Damages Under Fatal Accidents Act
The Fatal Accidents Act 1855 allows dependents to claim compensation when a person’s death is caused by a wrongful act. Key principles include:
- Only specified dependents like spouse children and parents can claim.
- Damages aim to compensate for loss of financial support and services.
- Insurance benefits and pensions are generally not deducted from damages.
- Remarriage prospects of widow claimants may be considered.
- Loss of consortium (spousal companionship) can be claimed.
Calculation Methods
- Multiplier Method – Annual dependency loss is multiplied by an appropriate number of years (multiplier) to arrive at the lump sum compensation.
- Interest Method – Such lump sum is awarded that would yield interest equivalent to the annual loss.
The multiplier method is more commonly used by Indian courts. Factors like age of deceased dependency period and interest rates are considered in selecting the multiplier.
EXTRA-JUDICIAL REMEDIES
Besides court-ordered remedies victims may resort to certain self-help measures in limited circumstances:
- Re-entry on land – Recovering possession of property by reasonable force.
- Recaption of chattels – Retaking wrongfully taken goods.
- Abatement of nuisance – Removing or terminating a nuisance affecting one’s property.
- Distress damage feasant – Seizing trespassing cattle or goods until compensation is paid.
However these remedies carry the risk of escalating the conflict and should be used cautiously. Court remedies are generally preferable in most cases.
CASE LAWS
- Bhim Singh v State of J&K (1985): Supreme Court awarded exemplary damages of Rs. 50000 for wrongful detention of an MLA to prevent him from attending Assembly session.
- Union of India v Sugrabai (1969): Compensation for death was calculated by capitalizing loss for 20 years. Rs. 30000 awarded.
- Klaus Mittelbachert v East India Hotels Ltd (1997): 50 lakhs awarded to a German pilot for injuries suffered in hotel swimming pool due to insufficient depth. Exemplary damages imposed on 5-star hotel.
- Berry v Humm & Co (1915): Husband entitled to claim damages for extra expenses incurred in engaging housekeeper after wife’s death.
- Laxminarayan v Sumitra Bai (1995): Substantial damages awarded to girl for mental agony social stigma and diminished marriage prospects after breach of promise to marry.
LEGAL MAXIMS AND DOCTRINES
- Restitutio in integrum – Principle of restoring the injured party to original position.
- De minimis non curat lex – The law does not concern itself with trifles. Basis for nominal damages.
- Injuria sine damno – Wrong without damage. Supports award of nominal damages.
- Volenti non fit injuria – No injury is done to a willing person. May reduce damages if plaintiff consented to risk.
- Mitigation of damages – Plaintiff has a duty to take reasonable steps to minimize losses.