Juris

International Environmental Law Research Centre

TORT LAW IN INDIA 1994

Published in Annual Survey of Indian Law 1994, pp. 485-512 (1994)

Usha Ramanathan

This paper can be downloaded in PDF format from IELRC’s website at http://www.ielrc.org/content/a9402.pdf

International Environmental Law Research Centre International Environment House Chemin de Balexert 7, 1219 Châtelaine Geneva, Switzerland info@ielrc.org www.ielrc.org

TABLE OF CONTENTS

I. II. III. IV. V. VI.

INTRODUCTION SOVEREIGN IMMUNITY CONFISCATION RIGHT TO PRIVACY CULPABLE INACTION NEGLIGENCE

1 1 4 4 5 7 8 9 10 11 11 11 13 14 15 15 16 17 18 18 19 19 20

VII. CONSTITUTIONAL TORT Illegal detention Death in custody Handcuffing VIII. ACCIDENT LAW Motor Vehicles (Amendment) Act, 1994 Multiplier Quantum of compensation Deductions Disbursal of compensation Lok Adalat Interest Selection of forum Railways (Amendment) Act, 1994 IX. X. XI. NATIONAL HUMAN RIGHTS COMMISSION MISCELLANEOUS CONCLUSION

I.

INTRODUCTION

THE CASES reported in 1994 cover a range of issues: the restrictive interpretation of the defence of sovereign immunity, constitutional tort and compensation of victims, negligence of the state; privacy; development of motor vehicle accident law. The emergence of the concept of culpable inaction is of particular interest. Amendment of the Motor Vehicles Act, 1988 has significantly altered the scope of the discretion vested in tribunals and courts in determining compensation, while the amendment to the Railways Act, 1989 has widened the definition of a victim-causing event and recognised the right to compensation accordingly. The establishment of the National Human Rights Commission (NHRC) has added a dimension to tort law, particularly where the tort is committed by state officials and functionaries.

II.

SOVEREIGN IMMUNITY

A giant stride towards infusing accountability into administration was taken in Lucknow Development Authority v. M.K. Gupta.1 Arising out of...