Compensation Lawyers

Meaning

In general sense Compensation means something which is of value under law given in return or exchange of something. But under law compensation has two meaning

(i) payment for work done and
(ii)payment for injury,loss, or otherwise depriving of a person of something which he is entitled to i.e. legalright.

Compensation under different law

Generally compensation to victim is a recognised principle of law being enforced by ordinary civil courts. Under law of torts the victims can claim compensation for the injury to the person or property suffered by them. But nowadays both legislation and judiciary have taken gradual step to develop necessary principle under which compensation can be given to victim of crimes.Thus broadly speaking compensation can be awarded under law of tort and under law of crimes.

Compensation under law of tort

Compensation to cover cost include expenses of medical procedures, physical therapy, as a result of the accident, you can sue for the costs of these services that were a direct result of the accident. You can also claim for future cost which will be incurred due to injury.

Compensation for suffering includes many different aspects of what you went through as a result of the accident. In case of standard pain and suffering you can be easily compensated but in case of emotional trauma which might be suffered during the course of injury is also to be compensated.

Compensation under law of crime

Compensation under law of crime can be divided under two law

(i) general and
(ii) specific law

Broadly speaking General Law concerning payment of compensation to the victims of crime is mainly in the Code of Criminal Procedure, 1973 and Public law i.e. Constitution (Article 32).

Whereas there are various specific law under law of crime which deals with the provision of providing compensation to the victim on occurrence of a certain specific injury or crime.e.g. Motor Vehicle Act, 1988, The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Protection of Human Rights Act, 1993, The Workmen Compensation Act, 1923, Personal Injuries (Emergency Provisions) Act, 1962, Personal Injuries (Compensation Insurance) Act, 1963.

Compensation under Consumer Protection Act, 1986

Consumer protection act was enacted to protect consumer from exploitation and at the same time provide consumer appropriate relief or compensation if he is exploited. Following relief or compensation can be granted in favour of consumer if he is exploited. They are as follow:

1. Removal of defect from the goods.
2. Replacement of goods
3. Refund of the price of product
4. Award for compensation in case of injury or loss
5. Removal of deficiency of service
6. Order to discontinue unfair trade practice
7. Award of cost to the parties

Role of lawyer in helping victim to get compensation

Although we have various laws which protect the consumer to some extend in one way or another but these laws involve the filling of a civil suit which is very expensive and time consuming and takes years in final disposal of the case

Thus to give more power to Consumer a need was felt that a Special Act should be enacted for Consumers which will provide speedy and simple access to justice for the Consumers. The legislature did not want the technicalities of law to be involved in an act which provides relief to the Consumers. Therefore Consumer Protection Act, 1986 was passed keeping in view the need to protect Consumers.

In consumer protection act,1986 there is no requirement of lawyer as well as payment of court fee, but lawyer can help a victim in various ways.

i. Firstly, a lawyer is required to identify territorial and pecuniary jurisdiction of forum, in territorial jurisdiction a lawyer has to identify the jurisdiction of forum were the opposite party resides or carries on his business or has branch office or where he works for his income or profit than lawyer has to decide under which forum pecuniary jurisdiction of case lies if the claim of compensation is up to 20 lacs than the victim can approach district forum in case of compensation more than 20 lacs but less than 1 crore than state forum and for compensation of above 1 crore an aggrieved party has to directly approach national forum.
ii. Secondly, a lawyer can help to see that draft of complaint contains necessary facts to establish cause of action along with all supporting document to prove your allegation has been attached with the complaint.
iii. Thirdly, in case of medical negligence were it is difficult to calculate the cost of compensation a lawyer can help in calculating compensation including the cost of mental agony, emotional stress, damage in any etc.
iv. Fourthly, a lawyer can help in mentioning relief which is exactly sought from the opposite party.
v. Lastly, a lawyer can help in calculating period of limitation which is two years and in case of further delay by helping in drafting condonation of delay before the forum.

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