This article is written by Shaheen Qureshi, pursuing Certificate course in Arbitration: Strategy, Procedure and Drafting from LawSikho.com.

Introduction

With the surge in industrialisation and globalisation, India is rapidly on its way to make a shift from developing to a developed country. However, where there is development, disputes follow. With increasing growth and development comes increased competition, industrial growth, modernisation and technological innovations which paves the way for more disputes and cases on already overburdened Courts and Tribunals of our country. With a plethora of cases stacked up and pending in Courts, the expenses incurred in litigation and the inordinate delays caused in redressal of grievances, countless people are now motivated to resort to Alternate Dispute Resolution mechanisms as a means of reaching a solution to the dispute.

Arbitration is, therefore, gaining momentum as an increasing number of people now incorporate Arbitration Clauses in their agreements or enter into distinct Arbitration agreements altogether, to facilitate speedy and cost-effective resolution of disputes without recourse to litigation. While Arbitration is rampant in commercial transactions, given the various advantages associated with it, it is now progressively being explored to reach settlement in matters that are personal and noncommercial in nature, one such instance being personal injury cases. While personal injury cases in India are typically dealt through litigation, this conventional approach is going through a gradual change as people are resorting to Arbitration to reach settlements as a means of dispute resolution, so as to do away with the cons associated with litigation.

A close look at the jurisprudence of “personal injury” 

Personal injury means an injury to your person, that is, to your body, mind or emotions. Any injury that is inflicted to your person, rights or reputation falls within the purview of personal injury. Personal injury cases arise when you suffer physical injury, permanent or long-term disability, psychological or emotional distress and any other injury to your person due to the acts of omission or commission by another person, caused either with negligence or deliberate intent. 

Under Indian jurisprudence, when an injury is inflicted on your person consciously, with a purpose to injure, it is not classified as a civil wrong. Instead, it becomes an act of criminal wrong, that is, a crime. However, any personal injury inflicted on you not as a result of deliberate intent to injure, but due to lack of care and caution exercised by a person, it is termed as a civil wrong or a personal injury case. Personal injury cases typically arise owing to the negligence of the wrongdoer. Negligence, in simple terms, implies lack of reasonable care, as a person of ordinary prudence would have undertaken, in exercise of a legal ‘Duty of Care’. A duty of care implies the degree of care and caution you have to exercise in order to not cause any harm or injury to another person.

When you are injured owing to another person’s negligence, the person is in a breach of his legal duty to act with reasonable care. The person causing the injury to your body, mind or emotions is held legally responsible and liable for compensation and/or damages. The primary factors assessed in personal injury cases is negligence and the degree of injury sustained by you – based on which the compensation is awarded proportionally. 

Let us look at the scope of cases that fall within this category.

What falls within the ambit of personal injury claims?

Personal injury claims include motor accidents, road injuries, defamation of character, emotional distress, medical malpractice, use of defective products, workplace accidents,  amongst others. Personal injury cases also include wrongful deaths. It is important to note that unintentional personal injury claims, characterised by negligence, are a violation of your civil rights, and therefore, are civil in nature, which is why, often, they are used interchangeably with torts. However, intentional personal injuries, inflicted with deliberate intent, such as assault, battery, etc are criminal wrongs and do not fall under the purview of personal injury cases in India as they are categorically crimes. Such cases are required to be tried as criminal acts, as opposed to personal injuries, which are primarily civil wrongs. Resolution of personal injury cases is a complex affair. However, law is progressing and owing to the constant evolution of the legal field, resolution of disputes is not limited to its traditional avenues today. Correspondingly, in addition to litigation, there are a few ways that can be proceeded with to resolve your personal injury case.

How can such cases be resolved?

When subjected to personal injury at the hands of another person, you have various courses of action to proceed with, in order to seek compensation and damages. Given below are a few likely ways in which such personal injury cases can be resolved:

Formal Suit

Where you have suffered personal injury such as physical disabilities, emotional or psychological distress, injury to your reputation owing to the negligence of another person, the wrongdoer is legally accountable to you for the injuries sustained by you as a result of breach of legal duty on his part to take reasonable care. The most common approach adopted to bring the matter to justice is seeking the assistance of Courts of the country by filing a formalised Civil Suit. 

A Civil Suit for a personal injury can be initiated by you or any private individual, who has suffered injury to his person or reputation, against the wrongdoer, which may be a person, business, corporation or government agency. The main elements you need to establish before the Courts in order to prove that the personal injury inflicted by you is as a result of the act of omission or commission of the person are:

1. The person was under a legal duty of care;
2. The person has acted in breach of his legal duty of care, by being negligent and failing to take reasonable care as he was bound to do;
3. Grave harm and injury have been inflicted to you;
4. The injury that has been caused to you is as a direct result of the breach of legal duty and negligence exercised by the person.

The Court, as per its procedural laws, proceeds to take written statements from both the parties, along with necessary documents and evidence. Proper documentation and evidence must be submitted to support your claims and aid the Court at arriving at a decision. This is followed by oral examination of the witnesses and subsequently, final arguments. 

Understanding the parameters for calculating compensation and damages

If a prima facie case against the wrongdoer is established and the Court reaches a conclusion that the personal injury sustained by you is resulting from the actions or omissions of the other party, the Court ascertains the damages you are entitled to, keeping in mind factors such as past and future medical bills and expenses, loss of wages and income, loss of ability to earn a living, pain and suffering, mental anguish, psychological distress and injury, etc, as stated in Ward V. James (see here) by the Court of Appeal in England [(1965) 1 All ER 563, Halsbury’s Laws of England, 4th Edition, Volume 12 (page 446)], a decision which has been followed by Indian Courts on multiple occasions. 

The Court of Appeal, in the above-mentioned case, observed that while fixing a compensation amount for the victim of a personal injury, pecuniary and non-pecuniary (or special) damages have to be assessed distinctly. While pecuniary damages are those which can be monetarily expressed as the expenses incurred by the victim, like medical bills and loss of earning, etc, non-pecuniary damages are those which cannot be calculated mathematically, such as mental and physical shock, present and potential pain and suffering, discomfort and hardship, loss of longevity of life, loss of ability to run, walk, etc. 

In Managing Director, Tamil Nadu STC vs S. Sundaram & Anr. (see here), wherein negligence by a bus driver of the Tamil Nadu State Transport Corporation caused personal injury to the wife of the first appellant, to which she later succumbed and died, the Hon’ble Madras High Court followed the three principles laid by Lord Denning, in Ward vs. James, for ascertaining damages in case of personal injury. 

In Reshma Kumari & Ors. vs. Madan Mohan & Anr. (2009) (see here), the Hon’ble Supreme Court of India stated that in assessing damages and compensation for personal injury cases that cause physical disability, in the Indian context, several other factors like education and nature of job must be taken into consideration. Potential prospects like higher salary and perks and even allowances from which the family could have derived enrichment have to be taken into account. Therefore the Court cannot lay down any standard tests that can be applied to all situations for assessing damages and spending from one case to another, different factors will be given different weightage. 

The Courts of India are also prompt to award damages and compensation upon recognising and attributing negligence as the cause of mental injury, emotional distress or loss of goodwill and reputation. In Ashok Gupta vs. Indian Airlines Limited (2008) (see here), the complainant and his wife boarded a flight through the Defendant company, which was later hijacked by extremists. Subsequently, the Complainant filed a complaint against Indian Airlines limited, alleging that owing to the negligence exercised by the Airlines in security measures, the defendant, along with all the other passengers, has suffered personal injury to his mind including shock, psychological trauma, fear of death amongst others.

The Defendant contended that their airlines are solely governed by the Carriage by Air Act, 1972 which pays compensation only for personal injury, which implies injury to the body and does not include injury to the mind or trauma. The State Consumer Dispute Redressal Commission was quick to refute this contention and held that personal injury also includes injury to the mind, like “mental injury, emotional distress, psychological trauma, physical discomfort and psychological shock affecting mind, brain, heart and all other such parts of the body and more so the threat of death looming large every moment sending shivers in the spine and tremors in the mind and does not confine to injury to skin or bone or other tissues of the body.”  The Commission held that Indian Airlines Limited had acted in negligence and therefore directed them to pay a compensation of INR 1,00,000 each to every passenger aboard the flight and INR 5,00,000 to the legal heir of the deceased flight passengers.

Informal Settlement

Due to the inordinate delays, long drawn processes of the Court and the expenses involved in litigation, people also opt for informal ‘out-of-court’ settlement in personal injury cases. Settlement can be resorted to mid-proceedings as well before commencement of litigation proceedings. Through settlement, you agree to give up your rights to initiate or pursue any legal action against the wrongdoer for the personal injuries inflicted on you as a result of his negligence, in exchange for a fixed amount of compensation which is arrived at by mutual agreement between the parties. Informal settlements are generally in the form of negotiations and discussions between the victim and the wrongdoer, their insurers and/or their advocates. Once a settlement amount is fixed between the parties which is acceptable to all the parties involved, the terms of the settlement are subsequently reduced in writing and you agree to forgo any legal actions and remedies against the other party, in respect of the personal injury, in exchange of the settlement amount. 

Alternative Dispute Resolution

Mediation is a prevalent method of Alternate Dispute Resolution in personal injury cases in India. Through mediation, the parties to the dispute agree to reach a mutually acceptable solution with the assistance of a neutral third party. The neutral third party is called the Mediator, who is either appointed by the parties, in case of mediation that is initiated by the parties at their own instance, or by the Court, in case of Mediation commenced by order of the Courts. In Afcons Infrastructure Ltd. & Anr vs M/s Cherian Varkey Construction (see here), the Hon’ble Supreme Court of India stated that the words ‘Mediation’ and ‘Conciliation’ are synonymous in nature, and therefore can be used interchangeably. 

Relevant statutes governing ADR for personal injury

Mediation through Courts is governed by Section 89 of the Code of Civil Procedure, 1908 and Mediation Rules, 2003 while private Mediation, or Conciliation, is governed under the Arbitration and Conciliation Act, 1996. The Commercial Courts Act, 2015 and the Commercial Courts (Pre-Institution Mediation and Settlement) Rules, 2018 also provide for mediation as a mandatory prerequisite to institute a suit under the Act. Owing to the gaining popularity in Courts in commercial as well as personal cases, Mediation is being increasingly suggested by Courts as well for speedy redressal of disputes. In March 2019, the Hon’ble Supreme Court of India was deciding a compensation case filed by the petitioner for the personal injuries he sustained in 1988. The Bench comprising Justice A.K. Sikri and Justice S Abdul Nazir stated that there is a dire need to enact a legislation on Mediation as Mediation, owing to its various advantages, should be increasingly offered to personal injury victims for speedy settlement of their injuries. 

Similar to Mediation, Arbitration also has its own advantages as an Alternate Dispute Resolution process. Since Arbitration Clauses require an Agreement in writing beforehand to submit ensuing disputes to Arbitration, it cannot be opted for in personal injury cases involving road accidents or mishaps. However, Employment contracts, Insurance claims, etc are now incorporating Arbitration clauses and Agreements in their transactions, in line with countries like England, the United States, etc where Arbitration is a widely accepted method for settling personal injury cases. While the cross jurisdictional approach to Arbitration in personal injury cases is that Arbitration in such cases is prevalent and common, the approach in India, however, is complex in this regard.

Is such a matter arbitrable in India and why?

To put it simply, personal injury matters are arbitrable in India in cases where the prerequisites of referring the dispute to Arbitration are fulfilled. India is well known as a pro-arbitration country. Indian Courts assess the scope and arbitrability of the matter, inspecting the Arbitration Agreement/Clause, and if the dispute arises from the Agreement and is not specifically non-arbitrable under the laws of the land, Courts have willingly enforced the Arbitration Agreement/Clause. Therefore, barring disputes which are to be tried exclusively by Courts and Tribunals constituted under the law for the said purpose, namely: 

1. Disputes arising out of criminal offences;
2. Dispute relating to revenue matters such as taxation;
3. Disputes relating to matrimony such as divorce, judicial separation, restitution of conjugal rights, etc;
4. Disputes arising out of guardianship matters;
5. Disputes relating to testamentary matters such as probate, letter of administration, etc;
6. Disputes pertaining to insolvency and winding up, etc;
7. Disputes involving serious allegations of Fraud.

Nearly all disputes can be referred to Arbitration. Whether fraud is an arbitrable issue or not was a topic for constand debates and conflicting opinions, until recently when the Hon’ble Supreme Court in A. Ayyasamy v. A. Paramasivam (see here) held that mere allegation of fraud does classify the dispute as non-arbitrable, which is usually done by the parties with the intent to evade and escape Arbitration proceedings. The Court is required to delve deep into the matter and only if the allegations of fraud are held as complex and grave in nature, then the dispute becomes non-arbitrable. 

The Calcutta High Court in the case of Keventer Agro Ltd vs. Seagram Comp. Ltd (1998) [A.P.O. No. 499 of 1997 : C.S. No. 592 of 1997] held that while matters that cannot be referred to arbitration like matrimonial disputes, disputes which are criminal wrongs of a public are barred from the scope of Arbitration, disputes incidental to such matters can be arbitrated. The Court explicitly stated that if there is an instance of physical injury in the nature of a crime, which gives rise to a right to seek damages for personal injury, then such a matter for personal injury can be referred to Arbitration, as held in (Keir v. Leeman) (see here) (1846) 9 Q.B 371. 

Arbitration is a creature of contract and consent. Therefore, a personal injury case is arbitrable in India, provided:

1. There is a pre-existing contract in writing between the parties providing for recourse to Arbitration in event of a dispute;
2. The injury is covered within or falls under the scope of the Agreement between the parties, that is, it is a right in personam (a right created between the parties as a result of the Agreement or Contract between them);
3. And the dispute is not specifically barred from being referred to Arbitration by the laws of India.

Indian Courts have consistently encouraged Arbitration being sought to resolve disputes, as long as all the prerequisites are sufficiently complied with. However, before choosing to opt for Arbitration as a dispute resolution mechanism, the pros and cons of the process must be carefully weighed and evaluated to assess if the process aligns with your requirements and the dispute.

What is the law and jurisprudence on the same?

The Arbitration and Conciliation Act, 1996, which governs Arbitration in India, is silent on the category of disputes which are non-arbitrable. However, as is established by Indian Courts and tribunals over the years, certain categories of disputes are held to be non-arbitrable by nature because the Indian law and jurisprudence has constituted Courts, Tribunals and Forums for exclusively adjudicating such matters and it is not within the purview of Arbitration to decide such disputes. As mentioned above, these disputes include criminal matters, matrimonial disputes, testamentary matters, guardianship matters, revenue disputes, etc. This category of disputes are explicitly held to be non-arbitrable and cannot be referred to Arbitration. 

Nevertheless, as stated earlier, in the decision of Keventer Agro Ltd vs. Seagram Comp. Ltd (1998) [A.P.O. No. 499 of 1997 : C.S. No. 592 of 1997] , the Hon’ble Calcutta High Court held that matters incidental to such barred disputes, such as personal injury claims that births a right to damages, can be resolved using Arbitration.

Additionally, the prerequisites of referring a matter to Arbitration under the Arbitration and Conciliation Act, 1996 must be complied with, that is, there must be a pre-existing Agreement in writing between the parties to refer disputes to Arbitration, and such personal injury must fall within the scope of the disputes under such Agreement. These are sufficient compliances to refer a personal injury claim to Arbitration under Indian laws to seek a speedy settlement of the injury.

What are the advantages and disadvantages of choosing arbitration for resolution?

Arbitration, naturally, like every process, comes with its own set of advantages and disadvantages. Whether Arbitration is suitable for the adjudication of your dispute highly depends on the aspect you are seeking while resolving your dispute. If you wish to avoid long drawn processes of the Court and aim for a speedy settlement with less formal procedures, Arbitration is the suitable choice. However, if you want a formal and procedural redressal of your grievances, Arbitration may not be the most appropriate choice after all. A careful weighing of the advantages and disadvantages mentioned below will help you in reaching a conclusion:

Advantages of Arbitration:

• Party Autonomy

One of the greatest advantages of Arbitration is that you have complete autonomy to decide how the process goes. Arbitration is a private process, created as a result of Agreement between two parties. Therefore, the parties have the complete authority to decide the procedure to be followed, the Arbitrators to be selected, the seat and venue of Arbitration, etc. 

• Cost effective and speedy redressal of dispute

When a dispute is being resolved through litigation, the matter is stretched and dragged for years at end, which consequently, in addition to wastage of time, also leads to increased expenses. Under Arbitration and Conciliation Act, 1996, read with the Amendment Act, 2015, a dispute should be settled within 12 months from the date of invocation of Arbitration. Speedy settlement of disputes, in turn, leads to lesser costs and quick redressal.

• Private and confidential process, as opposed to litigation

Arbitration is a process wherein only the parties to the dispute are present before the Arbitrators. The Arbitration process is confidential and the Arbitrator and the parties are expected to maintain confidentiality during and after the process as per the newly introduced Section 42A by the 2019 amendment Act. Litigation, on the other hand, is conducted in public courtrooms and is an open process, which typically generates adverse public impact.

• Expert Arbitrators

Arbitration gives you the autonomy to choose Arbitrators that have the expertise, skills and knowledge in your field from which the dispute arises. Expert Arbitrators, specialised in the subject matter, can adjudicate the dispute efficiently and understand the technical aspects of the dispute better, as opposed to generalised litigation.

• Less formality and minimal court intervention

Arbitration is an informal process that does away with the hassles of formalities and complex procedures of the Court. It is a flexible process that is steered by the parties to the Arbitration proceedings and there is minimal court intervention, which is one of the main attributes and purposes of the Arbitration in India.

Disadvantages of Arbitration:

• Limited right to appeal Award of an Arbitrator

Challenging an Arbitral Award is limited only to the grounds stated in section 34 of the Arbitration and Conciliation Act, 1996. Any ground other than the grounds stated in Section 34 will not hold as a valid challenge. There is limited right to appeal against the Award of an Arbitrator, which proves to be a drawback as compared to litigation.

• Costly process

Arbitration may turn out to be a costly process if there is a panel of Arbitrators as opposed to a sole Arbitrator or usually when experts are summoned as expert witnesses.

• No fixed procedure

Arbitrators do not operate and adjudicate according to rules of evidence and procedure and the Arbitration process is not bound by it. The Arbitrators arbitrate disputes based on broad principles of justice, equity and fair play, which often proves to be a disadvantage as there is no standard procedure that is adhered.

• Discretion of the Arbitrator(s)

The decision of the dispute is solely at the discretion of the Arbitrator(s). As opposed to the mandatory requirement for the Indian Courts to give reasoning for reaching their decisions, the Arbitrators are not required to facilitate any reason to complement their decision. This results in lack of transparency in the Arbitration process, sowing the seeds for bias and prejudice.

Whether you should choose to arbitrate your personal injury or not should depend on a detailed evaluation of the pros and cons of the process mentioned above. However, in addition to this, the law and jurisprudence on Arbitration of personal injury should also be assessed before reaching a conclusion.

Importance of Arbitration through virtual modes during the times of COVID-19 

The global pandemic has disrupted the normal way of life and Dispute Resolution mechanisms are no exception to its cascading effect. Jurisdictions around the world are trying to come up with effective solutions and regulations to adapt and react to the current scenario wherein offline and physical modes of dispute settlement have become impracticable. Although Apex Court and High Courts of India are conducting hearings and attending to cases through video conferencing, that is only limited to cases which fulfil the requirements of urgency. Additionally, inferior courts and tribunals do not possess adequate facilities and infrastructure to follow suit. Therefore, Alternate Dispute Resolution is being seen as a preferential way of dealing with conflicts, not just in India, but across most jurisdictions in the world. Litigants are realising the importance of Arbitration and other Alternative Dispute Resolution mechanisms and the benefits associated with it in times when the pandemic has slackened or stagnated already slow processes of traditional methods of dispute resolution. 

Cross Jurisdictional Approach:

Alternate Dispute Resolution mechanisms such as Arbitration are increasingly being encouraged by judicial systems and being opted for by the masses owing to its flexibility and adaptability. In the Canadian province of Alberta, on March 31st, 2020, the Court of Queen’s Bench of Alberta encouraged the masses and Counsels to opt for Alternate Dispute Resolution mechanisms, such as mediation and Arbitration, in view of the current state of litigation owing to COVID-19.

The Arbitration Place in Canada has introduced Arbitration Place Virtual which facilitates virtual and remote Arbitration proceedings to function in accordance with the global lockdown. The Vienna International Arbitral Centre, Austria, similarly instructed all Arbitration proceedings to be conducted electronically, issuing reference guidelines for parties and lawyers to the Arbitration proceedings for electronic Arbitration. Singapore is leading the way ahead with efforts at digitalised Arbitration and fully electronic Arbitration proceedings starting as early as around a decade ago, with web based electronic access to all documents and content related to the proceedings, keeping in mind the privacy of the parties. This makes it easier for the country to deal with the digitised way of life during the ongoing pandemic. The Singapore International Arbitration Centre has, consequently, directed all documents and proceedings to be mandatorily conducted electronically in light of COVID-19.

International Arbitration, by virtue of it being a transborder process, has always been a remote and virtual process. Therefore, in the current scenario, International Arbitration Institutions have effortlessly adapted to the electronic way of proceedings. The International Chamber of Commerce, Hong Kong International Arbitration Centre, Australian Centre for international Commercial Arbitration, amongst others, have issued guidelines stating that they remain fully operational through virtual modes. Most institutions have also started to allow admission of new matters, filing and documentation of which is also done electronically and remotely. Domestic Arbitration is also being conducted on similar lines, with countries across the world issuing guidelines, regulations and legislations to digitalise Arbitration and encourage remote proceedings amidst the Covid-19 chaos.

The Indian Perspective:

Closer to home, the Hon’ble Supreme Court of India issued a suo moto guideline on 23rd March, 2020 in Re:Cognizance for Extension for Limitation and ordered the period of limitation in all proceedings, including Arbitration, before Courts and Tribunals of the Country shall be extended until further notice. The Hon’ble Apex Court also clarified the stance on Arbitration proceedings and stated that where time for passing Arbitral Awards expires from 15th March, 2020, the period of limitation would stand extended upto 15 days from the end of the lockdown period. This, thus, addresses the question of limitation imposed in Section 29A of the Act, clarifying that such period has been frozen until the lifting of the lockdown with effect from 15th March, 2020.

The Arbitration and Conciliation Act, 1996 is silent on virtual and electronic modes of Arbitration proceedings. However, one of the key features of the Act is its adaptability. Section 19 of the Act, which does away with the procedural compliance of the Civil Code Procedure, 1908 and Indian Evidence Act, 1872 in Arbitration proceedings also states that the parties are free to choose the procedure to be followed in the conduct of the Arbitral proceedings. This provision of the Act makes way, impliedly, for virtual modes of conducting Arbitration. On May 11, 2020, the Hon’ble Delhi High Court in Rategain Travel Technologies Private Limited v. Ujjwal Suri (see here) has held that Arbitral proceedings governed by Arbitration and Conciliation Act, 1996 can be held through video conferencing, further stating that evidence could be recorded and hearings could be held through video conferencing, if the parties so agree.

Consequently, Arbitration is now being held electronically, with documents being transmitted through emails and hearings being held through video conferencing or teleconference. The Indian Council for Arbitration and Delhi Council for International Arbitration, being Institutions following remote functioning norms by virtue of its international character, have also issued press releases clarifying that the Arbitration proceedings shall continue through electronic means. The rules of Indian Council of Arbitration already stipulate that the Arbitral Tribunal has the power to conduct Arbitration proceedings through video, telephone or any mode of communication deemed fit and feasible for the purpose by the Tribunal. The venture of domestic Arbitration, in line with International Arbitration, into digitalisation is of essence in keeping up with modern exigencies.

In the aftermath of the global pandemic, where Courts and Tribunals are struggling to adjust to the new normal, Arbitration is ahead of the game owing to its attributes of attuning according to the needs of the parties, and in this context, the changing times. This proves to be another plus in addition to the numerous existing benefits provided by Arbitration as an Alternate Dispute Resolution Mechanism.

Conclusion

In conclusion, based on my personal opinions, Arbitration should definitely be resorted as a means of resolving your personal injury case. While litigation is the common pathway injured victims head down to in cases of personal injury, the times are evolving, and with it, so are legal remedies. Arbitration is highly encouraged in India due to the multitude of pending cases burdening the Courts and due to the various advantages associated with it, that provide it with an edge over litigation. Courts in India are hesitant to intervene in Arbitration processes as it is procedure characterised by minimal court intervention.

India, being a pro Arbitration country, encourages all matters to be arbitrated, as long as they are not specifically barred for Arbitration under the Indian jurisprudence. Additionally, in the prevailing pandemic conditions, the Courts and Tribunals of the Country are recommending and encouraging the masses to move towards Alternate Dispute Resolution mechanisms like Arbitration and Mediation, which are effortlessly and efficiently adapting to the virtual way of dispute settlement. In light of the supportive stance of Indian Courts and the progress being made by Arbitration in venturing in all transactions, personal and commercial alike, Arbitration should certainly be invoked in order to resolve your personal injury case.

References

1. https://www.bryanmusgrave.com/legal-definition-of-personal-injury/#:~:text=Under%20the%20legal%20definition%20of,wrongful%20conduct%20of%20another%20person.
2. https://en.wikipedia.org/wiki/Personal_injury
3. http://www.legalservicesindia.com/articles/piov.htm
4. https://injury.findlaw.com/accident-injury-law/personal-injury-law-the-basics.html
5. http://www.conventuslaw.com/report/arbitrability-of-torts-in-india/#:~:text=The%20Delhi%20High%20Court%20held,the%20terms%20of%20the%20agreement.
6. https://www.louisianalawblog.com/business-and-corporate/advantages-and-disadvantages-of-arbitration/
7. http://www.mondaq.com/india/trials-appeals-compensation/811560/arbitrability-of-torts-in-india
8. https://lawyered.in/legal-disrupt/articles/benefits-arbitration-method-dispute-resolution/#:~:text=It%20also%20allows%20the%20parties,rather%20than%20the%20public%20impact.&text=Arbitration%20is%20considered%20to%20be,considerable%20reduction%20in%20the%20costs.
9. https://www.mondaq.com/canada/operational-impacts-and-strategy/915504/how-will-covid-19-shape-the-future-of-arbitration
10. https://www.cnbctv18.com/views/covid-19-and-reforms-in-the-arbitration-process-6070881.htm
11. https://www.mondaq.com/india/operational-impacts-and-strategy/911554/impact-of-covid-19-on-arbitration-proceedings-in-india
12. https://www.mondaq.com/austria/arbitration-dispute-resolution/972894/arbitration-in-times-of-covid-19-an-austrian-perspective

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