Critical Analysis of Fixation of Compensation under Law of Torts

The law of tort is defined under Section 2(m) of the Limitation Act, ‘tort means a civil wrong which is not exclusively the breach of contract or the breach of a trust’. This article provides an overview of the fixation of compensation or remedies provided under the law of torts. Any legal recourse without remedy is fruitless. Anyone approaching the court with injury expects some sort of remedy or compensation for the damages that occurred. The main aim of providing remedies to the aggrieved party is to take them back to the position that they appreciated before the happening of the tort. In torts, fixation is done in the form of monetary compensation for the damages caused to the aggrieved party. The present article puts light on various damages and their remedies along with their types and their justifications. The main motive of this article is to make an individual aware of the remedies available to him for the damages that occurred to him. It also includes the question of whether there is any room for improvements in the current method followed in India. As we know, the tort is evolving from time to time according to our needs, so this article also includes the writer’s point of view along with a conclusion and bibliography. This article focuses on the core areas of fixation of compensation under torts. It also includes judicial precedents related to the topic, which describe the topic in depth.