Section Code: 0438 - 0448
Thai Civil and Commercial Code
Compensation for Wrongful Acts
Section 438. Compensation
The Court shall determine the manner and the extent of the compensation according to the circumstances and the gravity of the wrongful act.
Compensation may include restitution of the property of which the injured person has been wrongfully deprived or its value as well as damages for any injury caused.
Section 439. Responsibility for Accidental Destruction
A person who is bound to return a thing of which he has deprived another by a wrongful act is also responsible for the accidental destruction of the thing, or for accidental impossibility of returning it arising from any other cause, or for its accidental deterioration, unless destruction or the impossibility of returning it or the deterioration would have happened even if the wrongful act had not been committed.
Section 440. Interest for lost time in Addition to Property Value
If on account of the taking of a thing its value, or, on account of damage to a thing, its diminution in value is to be made good, the injured party may demand interest on the amount to be made good from the time which serves as the basis for the estimate of the value.
Section 441. Compensation to an Unknown Third Party Owner
If a person bound to make compensation for any damage on account of the taking or damaging of a movable compensates the person whose possession the thing was at the time of taking or damage, he is discharged by so doing even if a third party was the owner of the thing, or had some other right in the thing, unless the right of the third party is known to him or remains unknown in consequence of gross negligence.
Section 442. Partial Fault of Injured Party
If any fault of the injured party has contributed in causing the injury, the provisions of Section 223 shall apply mutatis mutandis.
Section 443. Funeral Expenses
In the cause of causing death, compensation shall include funeral and other necessary expenses.
If death did not ensue immediately, compensation shall include in particular expenses for medical treatment and damages for the loss of earning on account of disability to work.
If on account of the death any person has been deprived of his legal support, he is entitled to compensation therefore.
Section 444. Lost Wages
In the case of an injury to the body or health, the injured person is entitled to receive reimbursement of his expenses and damages for total or partial disability to work, for the present as well as for the future.
If at the time of giving judgment it is impossible to ascertain the actual consequences of the injury, the Court may reserve in the judgment the right to revise such judgment for a period not exceeding two years.
Section 445. Compensation of Third Person for Loss of Service
In the case of causing death, or of causing injury to the body or health of another, or in the case of deprivation of liberty, if the injured person was bound by law to perform service in favor of a third person in his household or industry, the person bound to make compensation shall compensate the third person for the loss of such service.
Section 446. Non-Pecuniary Loss
In the case of injury to the body or health of another, or in the case of deprivation of liberty, the injured person may also claim compensation for the damage which is non-pecuniary loss. The claim is not transferable, and does not pass to the heirs, unless it has been acknowledged by contract, or on action on it has been commenced.
Section 447. Compensation for Loss of Reputation
Against a person who has injured the reputation of another, the Court may, on the application of the injured person, or order proper measures to be taken for the rehabilitation of the latter's reputation, instead of, or together with, compensation damages.
Section 448. Statute of Limitations
The claim for damages arising from wrongful act is barred by prescription after one year from the day when the wrongful act and the person bound to make compensation became known to the injured person, or ten years from the day when the wrongful act was committed.
However if the damages are claimed on account of an act punishable under the criminal law for which a longer prescription is provided such longer prescription shall apply.