Shahriar Islam Shovon :
Under common law, a “tort” is defined as an act of civil wrong done against another person. Individuals’ rights and interests, as well as their most prized property and places in society, are safeguarded and maintained via the application of tort law in a variety of circumstances. To distinguish it from a crime or a violation of contract, which are acts of wrong done against the state but also against another individual, a tort is a civil wrong committed against another person.
A claimant who suffers psychological pain, financial loss, injuries, defamation, invasion of privacy, and other causes may be eligible to seek compensation under tort law. In a civil action, the victim has a good possibility of recouping his or her damages. Foreign entities have a lot of tort law. Victims may regain mental stability if the accused’s sentence is maintained, but their loss is irreparable. However, tort law secures victims’ restitution. Bangladesh has a tort law. Only a few tort suits have been resolved in Bangladesh. Namely,
Catherine Masud and Ors. v. Md. Kashed Mia and Ors. 70 DLR in this particular case, Tareq Masud was returning from Manikganj to Dhaka in a microbus with nine other people. A dispute happened on the Dhaka-Aricha highway between a microbus and the ‘Chuadanga Deluxe Paribahan’ The catastrophe claimed the lives of five persons. In this example, many aspects were considered. The driver, as well as those who supported him, was accountable for the tragedy, including reckless driving, a suspended licence, and compensation for Tareq Masud’s family. The master servant relationship between the driver and the owner vicariously libelled not only the driver and his assistance, but also the bus company’s proprietors.
Under tort law, to be deemed to be working for another person is to be considered to be executing the duty for oneself. On December 3, 2017, the High Court Division (HCD) awarded the victim’s family 4.6 crores in damages against the owner of the ‘Chudanga Deluxe’ bus, the bus driver, and one insurance company in the case of Catherine Masud.
Another lawsuit, ‘Bangladesh Beverage Industries Ltd v. Rowsan Akhter,’ was filed (69 DLR 129 Mozammel Hossain Montu was a journalist, news reporter, presenter, and poet. On December 3, 1989, an automobile struck Mr. Montu as he crossed the street after buying a product. He was taken to the hospital but could not be survivrd. In addition to two young kids, Mr. Montu had a wife, a brother, a sister, and many more relations. “An act done through another is viewed in law as done by himself, explaining the tort law concept of “nam qui facit per alium facit per se,” or “an act done via another is seen in law as done by himself,” even if the driver was at fault. Bangladesh Beverage Company is vicariously liable. Some of the points mentioned by the judges were
1. loss of earning potential
2. earnings lost after retirement;
Taking all of this into account, the judges granted Montu Mia’s family 2 crore taka as reparation.
British American Tobacco Bangladesh v. Begum Shamsun Nahar (66 DLR (AD) 80) is another well-known case. The court found that the woman had been sexually harassed and that the company had failed to assist her. Shamsun Nahar has joined the team as the BATB’s ‘Lady Confidential Typist.” She has been employed by the business since 1980 as a permanent female employee and has received unsatisfactory behaviour from two employees. After the victim begged permission to use the toilet, Mr. Ezaz Chowdhury, a corporate employee, was discovered in a very compromising scenario with a young married lady. Due to her conduct, she filed a lawsuit seeking Tk. 2,50,038,000 in damages.
The Supreme Court decision in BATB v. Begum specifies compensation requirements for workplace sexual harassment. Psychological pressure is a good reason to prosecute, and sexual harassment is simple to show. The victim is entitled to pain and suffering compensation as a result of the harassment. Sexual harassment at work should be regarded as both a criminal and a tort proceeding.
In Western countries, tort law has played a vital role in both compensating injured parties and avoiding future damage. Several factors in Bangladesh allow for slower development. For example, lawyers might counsel clients not to sue in this tort branch if a genuine alternative exists. Due to our state’s economic underdevelopment, most people are unaware of tort law and their rights. As a consequence, many rights abuses go unpunished, and the perpetrators are unaware that they may be sued for redress. Tolerance is moderate for gradual development. They are afraid of investing in Bangladesh, where most people are poor. No interest in tort law since the criteria for filing a tort lawsuit are different than those for filing a normal case.
Aside from poverty and illiteracy, another concern is the high incidence of corruption in Bangladesh’s courts. The court and attorney fees are so high that the average person cannot afford them. Poor people will not be able to pay the legal expenses. Tort cases do not have their own tribunal. To get tort law justice, the sufferer must pay a considerable amount of money upfront. It is a time-consuming procedure.
If the foregoing issue is handled properly, the public’s interest in tort cases will grow. The tort law allows Bangladeshis to learn about their recompense.
(Shahriar is a Law student).
