Compensation on Tort Cases in Bangladesh: Assessing the Adequacy of the Existing Legal Framework and Remedies

Abstract

Tort law is still in its infancy in modern Bangladesh and is very gradually developing. Tort law is a branch of the law designed to shield citizens from wrongdoing consisting of as This law's goal is to make sure that the wrongdoer must compensate the victim for their losses. Although this law is not codified, the Courts have made some significant rulings that have validated its importance and given it an enormous amount of weight to support numerous scenarios that are quite common in this country. However, as the law is being formed by judges using case law, it may still be unclear if a judge's personal philosophy may affect the case's outcome. In the majority of cases, we can see that the court took into account the victims' damages from every perspective, as it did in India and Pakistan, but those countries' rulings require more analysis and take longer to provide. Even though the court has only entertained a small number of tort claims since there aren't many of them, it has always granted the victim's reasonable requests. In some occasions, however, the court has enhanced the amount where punitive damages were requested. The extent of the drivers' gross negligence and the insurers company’s obligation were not eliminated by vicarious liability in Courts perspective. The object of this study is to bring up the issues of legal framework and remedies on tort cases in Bangladesh to understand whether they are adequate or not. It aims to discover the reasoning and methods behind the decisions taken by the judicial bodies in assessing compensation in tortious cases. The study finds that the present legal system relevant to tortious liability in Bangladesh and the judicial reasoning adopted in such cases requires a more nuanced approach.