Quick answerA personal injury claim in India is a civil suit for damages under the law of torts, which is largely judge-made. To succeed in negligence you must show that the defendant owed you a duty of care, breached it, and caused you loss. Other common torts are nuisance, defamation and liability for unsafe premises. Claims are filed in the civil court, with court fee based on the amount claimed, and most must be filed within one to three years depending on the tort.
- Law
- Law of torts, CPC 1908, Limitation Act 1963
- Time limit
- 1 to 3 years, depending on the tort
- Forum
- Civil court; writ court for state wrongs
- Relief
- Damages and injunction
Claims we handle
Road accident injuries go to the Motor Accident Claims Tribunal and are covered on our motor accident claim page, and hospital errors are covered under medical negligence. This page covers the rest of the law of torts:
- Negligence: falls on wet floors, lift and escalator accidents, collapsed structures, construction site injuries to passers-by, dog bites and unsafe products.
- Electrocution and hazardous activities: sagging or live wires, transformers in public places and industrial leaks.
- Nuisance: noise, smoke, effluent or obstruction that unreasonably interferes with the use of your property.
- Defamation: false statements that damage your reputation, including online posts.
- Occupiers' liability: injuries caused by the unsafe condition of shops, malls, hotels, schools and public places.
- Malicious prosecution and false imprisonment.
Negligence, strict and absolute liability
Negligence has three elements: a duty of care owed to you, a breach of that duty by failing to act as a reasonable person would, and damage caused by the breach that is not too remote. Indian courts follow the common law principles first stated in Donoghue v. Stevenson, adapted to Indian conditions.
In some situations fault need not be proved. Under the rule in Rylands v. Fletcher, a person who keeps something dangerous on their land is strictly liable if it escapes and causes harm. The Supreme Court went further in M.C. Mehta v. Union of India (1987), holding that an enterprise engaged in a hazardous or inherently dangerous activity is absolutely liable for harm caused, without the usual exceptions. In M.P. Electricity Board v. Shail Kumar (2002) it applied strict liability to a death caused by a snapped live wire. Where the wrongdoer is the State or a public body, a writ petition under Article 226 seeking public law compensation for violation of the right to life is also possible, as recognised in Nilabati Behera v. State of Orissa (1993).
Nuisance and civil defamation
Private nuisance is an unreasonable interference with your use or enjoyment of land, such as persistent noise from a factory or water seepage from a neighbour. The usual remedy is an injunction with damages. Public nuisance affects the public at large; a suit under Section 91 of the CPC can be filed by the Advocate General or, with the court's leave, by two or more persons. A magistrate can also order removal of a public nuisance under Section 152 of the BNSS (old Section 133 CrPC).
Defamation is a publication of a false statement that lowers a person in the estimation of others. A civil suit seeks damages and an injunction against further publication; criminal defamation is a separate offence under Section 356 of the BNS (old Sections 499 and 500 IPC). Truth, fair comment on matters of public interest and privilege are recognised defences. The limitation for a civil defamation suit is short, one year from publication, so act quickly and preserve screenshots with URLs and dates.
Occupiers' liability: unsafe premises
India has no separate occupiers' liability statute, so courts apply the common law duty of care. A person who controls premises open to visitors, such as a shop, mall, hotel, cinema, school or residential society, must take reasonable care that the premises are safe for lawful visitors: maintaining floors, railings, lifts and lighting, warning of hazards and fencing dangerous areas. Municipal bodies have been held liable for open drains, manholes and collapsed footpaths. Evidence must be collected at once: photographs of the spot, CCTV footage (which is often overwritten within days), incident register entries and names of witnesses.
What damages can be claimed
| Head | What it covers | How it is proved |
|---|
| Special damages | Medical bills, future treatment, travel, lost wages | Bills, salary slips, doctor's estimates |
| General damages | Pain and suffering, loss of amenities, disfigurement, reduced earning capacity | Medical evidence and disability assessment |
| Dependency (death cases) | Loss of financial support to the family | Income and dependants, under the Fatal Accidents Act, 1855 |
| Reputation (defamation) | Injury to reputation and feelings | Extent of publication and its effect |
| Exemplary damages | Punishing outrageous conduct | Awarded only in rare cases |
Court fee in a damages suit is ad valorem on the amount claimed and varies by state, so inflated claims cost money. A person without means can sue as an indigent person under Order XXXIII of the CPC without paying court fee upfront.
How a damages suit proceeds
A tort claim is a civil suit under the Code of Civil Procedure. The plaint sets out the facts, the duty breached, the injury and each head of damages with supporting documents. Once summons is served, the defendant files a written statement, ordinarily within 30 days and in any case within the time the court allows. The court then frames issues, the parties file evidence by affidavit and witnesses are cross-examined, followed by final arguments and the decree.
Interim relief is often what matters most. In nuisance and defamation cases, a temporary injunction under Order XXXIX of the CPC can stop the harmful activity or publication while the suit is pending, if you show a prima facie case, balance of convenience and irreparable harm. For online defamation, courts can also direct platforms to take down specific content. Many tort claims settle once the defendant's insurer, such as a public liability or property insurer, is brought into the discussion, so we identify insurance cover early.
Limitation periods
The Limitation Act, 1963 sets different periods for different torts. Suits for libel, slander, malicious prosecution and false imprisonment must be filed within one year. Claims by the family of a deceased person under the Fatal Accidents Act, 1855 must be filed within two years of death. Most other claims for compensation for injury fall within a three-year period. Before suing a government body, a two-month notice under Section 80 of the CPC is generally required unless the court grants leave for urgent relief. Because these periods are short and vary, take advice within weeks of the incident, not months. A legal notice to the wrongdoer is often the right first step.
Documents you need
Collect evidence of how the harm happened and what it cost you:
- Photographs and videos of the place and the injury
- CCTV footage request and names of witnesses
- FIR or police complaint, if any
- Medical records, bills and disability certificate
- Proof of income and lost earnings
- Screenshots, links and dates of defamatory posts
- Correspondence with the owner, occupier or authority
How we handle it for you
Liability check
We identify who is responsible and which tort applies.
Preserve evidence
Notices to secure CCTV, records and witness statements before they are lost.
Notice
Legal notice, and Section 80 notice where a government body is involved.
Suit or writ
Damages suit, injunction application or writ petition filed within limitation.
Prove and recover
Medical and financial evidence led, and the decree executed.
Why clients choose ProudLegal
Advocates who appear in courtYour matter is drafted and argued by enrolled advocates, not call-centre staff.
Company and tax filings in-houseCompany secretaries and tax professionals handle registrations and returns.
Fees agreed in writingYou receive a written fee quote before any work begins.
Updates on WhatsApp and emailEvery hearing date, filing and document is shared as it happens.
Please note: this page explains the law and procedure in general terms as on 30 October 2026. Fees, limits and timelines change, and the facts of each case matter, so take advice on your own papers before acting.
Frequently asked questions
Can I claim compensation for an injury caused by someone's negligence?
Yes. You can file a civil suit for damages if the person owed you a duty of care, breached it and caused your injury.
What is the time limit for a personal injury claim?
It depends on the tort: one year for defamation, malicious prosecution and false imprisonment, two years under the Fatal Accidents Act, and generally three years for other injury claims.
Can I sue a municipal corporation for an open manhole injury?
Yes. Municipal bodies can be liable in negligence. A notice is usually required before suing, and a writ petition may also lie.
Is defamation a civil or criminal matter?
Both. You can file a civil suit for damages and an injunction, and a criminal complaint under Section 356 of the BNS.
How much compensation can I get for an injury?
It depends on medical costs, loss of earnings, the severity and permanence of the injury, and your age. There is no fixed table outside motor accidents.
Do I have to pay court fee on the damages claimed?
Yes, ad valorem court fee is payable on the amount claimed, at rates set by each state. An indigent person can apply to sue without paying it upfront.
What is absolute liability?
A rule laid down in M.C. Mehta (1987) that an enterprise carrying on a hazardous activity is liable for harm caused, without any defence of due care.
Can a shop or mall be liable if I slip and fall?
Yes, if the fall was caused by a hazard the occupier knew or should have known about and failed to fix or warn of.
