How to claim remedy in the law of torts?

In the law, if torts, the remedies available to the injured person can be divided into two heads.

Team Law Community
December 17, 2020

In the law, if torts, the remedies available to the injured person can be divided into two heads.

First one is judicial remedies. Judicial remedies are remedies by way of action if law. The injured party may institute a suit in a court and obtain damages. There are three kinds of judicial remedies. 

Judicial remedy

Damages are the award of damages in an ordinary and essential remedy for tort. The damages represent the pecuniary recompense. Kinds of damages are nominal, real, exemplary, general and special and continuing damages. Nominal damages are ordinarily equivalent to the harm suffered to the plaintiff. When there has been an infringement of the plaintiffs legal right but no danger, the law awards him nominal damages in recognition of his rights. Real damages are those who are awarded or compensation for damages suffered by the plaintiff. Not simply by way of recognition of legal right violated. Exemplary are the damages which are compulsory because the idea in civil law is to compensate the injured party by allowing him a sum equivalent to the loss caused to him. When the damages awarded are more than the material loss suffered by the plaintiff. General and special damages, in which there is a personal injury compensation may be given for personal pain and suffering and loss of enjoyment of life. Actual pecuniary loss resulting is any expenses reasonably incurred by the plaintiff. The probable future loss of income because of incapacity or diminished capacity of work. The 2nd remedy is an injunction; it is a specific order of the court forbidding the commencement of a wrongful threat or the continuation of the wrongful cause of action already begun or in some cases commanding restitution of the former state of things. A mandatory injunction is an order whereby the court directs the party to do a particular thing to restore things to their position immediately before the wrongful act was committed. A temporary injunction is generally provisional and granted without hearing the case on merit. A permanent injunction is one which is granted after hearing the case on merit and is a final order. Specific restitution of property is wrongfully dispossessed of immovable property. Specific movable property is entitled to recover the movable or immovable property as the case may be. 

Extra-Judicial remedy

The remedy in which the person doesn’t need to go to the court of law for seeking justice. The explosion of a trespasser is lawful for any occupier of any land to use a reasonable force to prevent a trespasser from entering his land or to eject him after he has entered. 2nd is if a man wrongfully dispossessed of his land may retake it's a possession if he can do so peacefully and easily. 3rd one is a person is entitled to the immediate possession of chattels may receive them from any person who has then been in actual possession and detain them provided that such possession was wrongful in this inception. 4th one is the abatement of nuisance such as cutting overhanging branches, breaking down an obstructive fence. 5th one is distress damage feasant; an occupier may lawfully seize any chattel, which is unlawfully on his land doing damage there and detain them until compensation is paid for the damage.

Case laws

Bhagwan das vs Mohd Arif

The damage was awarded to the boy when an accident cut down his leg for the medical expenses, future expenses for livelihood and the expenses for the maintenance of every year. 

Ashby vs White 

The returning officer wrongfully disallowed a qualified voter to vote at parliamentary elections. Still, it was found the voter suffered no loss thereby in so far as the candidate for whom he wanted to vote had even otherwise a winner.

Kumar vs Kuldip Singh 

The respondent who was an excise and taxation officer was hit by a motorcycle, resulting in physical injuries to the ankle. Because of injuries he suffered permanent disability which affected the enjoyment of his normal life. He was awarded compensation of Rs 7,200 calculated at Rs50 for 12 years on account of physical disability.