Title in original language
คดีฝุ่นฝ้าย
Original language

Thai

Country
Thailand
Date of text
Type of court
National - higher court
Reference number
5185-5221/2553
Tagging
Damages, Civil
Abstract

The lawsuit from 38 workers suffered from byssinosis since 1995 against the weaving factory to claim the compensation of more than one million baht per person. The plaintiffs filed the case to the Labor Court, and the Court ruled that the defendants compensated for the damages from sixty thousand to one hundred thousand baht per person, then the defendants appealed.

The Supreme Court ruled that the defendants were responsible for the damages that occurred to the plaintiffs on the ground of article 420 of the Civil and Commercial Code. At the same time, the defendants were the polluter and subject to article 96 of the Enhancement and Conservation of National Environmental Quality Act B.E. 2535 (1992). Because the prescription for article 96 does not explicitly refer so that the prescription applied is ten years. The compensation granted, according to the compensation in the general law by the Civil and Commercial Code, article 438. The Court upheld the judgement of the Appeal Court.