Report No. 62

1A.2. History of compensation.-

Speaking historically, the concept of compensation has gone through several stages:

(1) At some remote period, well before the Twelve Tables, the infliction of an injury led to attempts to exact vengeance either by the person injured or by his kin.

(2) In course of time, custom began to impose limits upon the extent beyond which vengeance might not be so exacted.

(3) At a still later stage, the State itself, in the form of some central authority, began to regulate the exaction of revenge in the form of imposition of punishment.

(4) So, far the concept of vengeance was prominent. Ultimately, the stage is reached in which elements of revenge have disappeared, and the principle is established throughout the law that for every injury compensation should be paid.

But this liability for compensation is in general, still based on fault.

(5) The next stage could be the one where compensation is payable without fault. The law is moving in this direction, but the movement covers only certain fields of activities for the present. The Act is concerned with one of them.