WHY ARE THE PARTIES RELUCTANT TO COME TO CIVIL COURT TO FILE TORT BASED CASES? BY Y. SRINIVASA RAO

Why are the parties reluctant to come to Civil Court to file Tort based cases? By Y. Srinivasa Rao The Author, Y. Srinivasa Rao, is M.A (English Litt.)., B.Ed., LL.M., (Ph.D) Research Scholar in Torts. He is also Senior Civil Judge cum Assistant Sessions Judge, Avanigadda. ‘ Law of Tort concentrates more to the victim and his harm than to the mental element of wrongdoer.’ In India, damages recovered in tort cases have no comparability to those awarded by the American Courts. In USA, lawyers encourage filing tortious claims for high compensation. The reason is that they will get a share in the damages awarded to the parties to the lis. In India, delay in getting relief from the civil courts has also obstructed the propensity to approach the Civil Courts for filing tort based cases. “The Courts in India are not an adequate alternative forum in which litigation may be resolved, delays in the resolution of these cases (Tort cases) in India, and India’s Court system lac...