Hindu Law and Custom (Recht und Sitte) c8.174

c8.174

In dealing with the obligation to pay compensation everywhere a great emphasis is laid on the point whether or not there was any bad motive or criminal negligence of duty. Thus M 8, 290 ff. gives ten instances in connection with transport in which the transporter shall remain unpunished, as for example if he called on the man going before him to make room, if a wheel, the axletree or the yoke is broken etc.; in other cases the transporter or the inmates of the wagon would be punished. The owner of a horse, dog or ape is not responsible for the damage caused by these animals excepting when he has spurred them on to do it; sailors are responsible for every damage to the cargo which they have caused by their own negligence, but are not responsible in the case of force majeure (Nār. 15, 32; M. 8, 408 f.). About compensation for murder see §44.