Example to understand law of compensation.
An example to understand law of compensation.
A man on bike while trying to avoid a pothole on road,
struck with a truck and died on spot.
The heirs can claim compensation/damages from two
authorities.
1) Compensation from insurance company of truck or its
Owner.
2) Under law of tort, in civil court, damages from
Municipality for negligence in not keeping
roads potholes free. While calculating damages, the
Civil Court will deduct compensation if any paid by the
insurance company or owner of the truck.
Fine Point of Law: The words Compensation and
Damages have different meanings. Their calculations are
different.
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