Personal Injury Claims
THE PERSONAL INJURIES (COMPENSATION INSURANCE) ACT, 1963
THE PERSONAL INJURIES (COMPENSATION INSURANCE) ACT, 1963, extents to whole of India from 8, Oct,1963.
Definition:
Personal injury, is an injury to a person physically or psychologically, as a result of the negligence of another person, company, government agency or any entity. Examples of common personal injury claims include injuries from slip and fall accidents, traffic collisions, defective products, workplace injuries and professional malpractice.
A personal injury lawyer is a lawyer who provides legal services to those who claim to have been injured, physically or psychologically, as a result of the negligence of another person, company, government agency or any entity. Personal injury lawyers primarily practice in the area of law known as tort law.
The term “trial lawyers” is used to refer to personal injury lawyers, even though many other types of lawyers, including defence lawyers and criminal prosecutors also appear in trials and even though most personal injury claims are settled without going to trial.
Legal provisions for personal injury under Indian Law
The personal injury can be claimed by the person who suffers the injury from the warty due to whose negligence caused the injury, by filing a civil suit. The settlement can be made either by the process of mediation offered by the professional Lawyers or through court.
The main objective of this act is to financially compensate the person who has suffered the injury by any of the below mentioned reasons
- Personal injury claims include injuries from slip and fall accidents,
- Traffic collisions,
- Defective products,
- Workplace injuries
- Professional malpractice
- Defamatory remarks
As per the provisions of this Act the employee can claim for compensation if he as incurred an injury during the course of employment. The act also mentions the amount of compensation to be paid towards the injury, depending on the type of injury suffered. Eg: Partial Disablement or permanent Disablement or Death etc.
Read Must– What is Pre-nuptial Agreement in India
Central Government also provides for personal Injuries ( Compensation Insurance),Fund the payments are first transferred to this fund and distributed to the injured.
Bibliography: https://labour.gov.in/sites/default/files/ThePersonalInjuries(CompensationInsurance)Act1963.pdf
For legal advice contact : 9140961944 ( Monika Dubey )
