INDIA EXPERT WITNESS
In India, an expert witness is a free professional called upon to provide specialized technical, medical, engineering or financial opinions in insurance disputes, court proceedings or arbitration cases following a loss or damage.
Expert witness in India: role, regulation, fee structure and specific challenges
In India, expert witnesses play a critical role in a legal system based on common law, where courts rely heavily on expert evidence to understand complex factual and technical issues.
Core role of an expert witness in India
An expert witness assists courts, insurers, and insured parties by explaining the cause, extent and financial consequences of damages using objective, verifiable and professional methodologies.
Their role is not to advocate for one party, but to assist the decision-maker by providing independent and technically sound opinions.
Functioning of expert witness services in India
Expert witnesses in India conduct site inspections, review technical documentation, analyze medical or engineering data, and prepare written expert reports.
They may be appointed by courts, insurers, lawyers, arbitration panels, or directly retained by insured parties to counterbalance insurer-appointed surveyors.
Specific characteristics of the Indian context
India is characterized by high exposure to natural disasters, industrial risks, road accidents and medical litigation, creating strong demand for expert witness services across multiple disciplines.
The diversity of regions, construction standards and medical practices requires experts with strong local knowledge and adaptability.
Regulation of expert witnesses in India
There is no single licensing authority exclusively for expert witnesses. Their admissibility and credibility are governed by the Indian Evidence Act, particularly Section 45.
Experts must demonstrate recognized qualifications, experience and relevance of expertise to the matter in dispute.
Professional background and eligibility
Most expert witnesses in India are qualified engineers, doctors, chartered accountants, architects, forensic specialists or insurance surveyors regulated by their respective professional bodies.
Their credibility depends on professional registration, court experience and adherence to ethical standards.
Tariff and fee structure of expert witnesses in India
Expert witness fees are not fixed by law and vary depending on expertise, city, case complexity and reputation.
In insurance damage cases, fees are often calculated as a percentage of the assessed damages, typically ranging between 1.5% and 6%.
Who pays the expert witness in India
When appointed by a court, fees may be shared or ordered to be paid by one party. When retained privately, the expert is paid by the instructing party.
In complex insurance disputes, insured parties increasingly appoint their own experts to challenge insurer assessments.
Importance for foreign insurance policyholders
Foreign policyholders operating in India often face language barriers, procedural complexity and unfamiliar valuation practices.
Local expert witnesses help protect their rights by ensuring damages are assessed according to Indian standards while remaining internationally defensible.
Domains of expertise covered in India
- Motor vehicle accidents
- Fire and explosion damage
- Water flooding and monsoon damage
- Medical malpractice and health injury
- Industrial and factory losses
- Construction and engineering failures
- Business interruption
- Environmental damage
- Product liability
- Transport and cargo losses