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Showing contexts for: tortious interference in E.C.Cherian vs Bharat Sanchar Nigam LitdMatching Fragments
12. At the same time, there must be some data to fix the damages to which the plaintiff is entitled. Ext.A6 is a circular issued by the plaintiff on 06.10.2003. The said circular is applicable to places all over India. Rates have been fixed when cables are cut. It shows that as per the standard rates, the damages to be paid in the case of cables cut is at the rate of 10,000/- per cut for fifty pair cables as well as hundred pair cables. There is no meaning in contending that the rates fixed in Ext.A6 cannot be granted without the proof of actual expenses incurred by the plaintiff for replacing cables. The said rates of damages are not fixed for the replacement of the cables whereas, the said rates have been fixed in the case of cut of cables. Admittedly, cables were cut. There is no dispute to the fact that two numbers of hundred pair cables and four numbers of fifty pair cables were cut. In such case, when cables were cut, the rates fixed in Ext.A6 is applicable when it is a case of tortious liability. There is absolutely nothing to interfere with the quantification made by the lower appellate court regarding damages in this case. The plaintiff is entitled to realise an amount of 60,000/- as on the date of suit as damages from the defendant and his assets.