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43.6. The expression "whether or not actual damage or loss is proved to have been caused thereby" means that where it is possible to prove actual damage or loss, such proof is not dispensed with. It is only in cases where damage or loss is difficult or impossible to prove that the liquidated amount named in the contract, if a genuine pre-

estimate of damage or loss, can be awarded.

43.7. Section 74 will apply to cases of forfeiture of earnest money under a contract. Where, however, forfeiture takes place under the terms and conditions of a public auction before agreement is reached, Section 74 would have no application." (underlining added) 10.3 The plaintiff is required to prove legal injury and out of consequent damage out of such legal injury only. The plaintiff has contract of employment with the defendants. The consequent compensation for wrongful withholding is interest only. Plaintiff has failed to show legal injury as claimed by her and consequential damage in this regard and therefore the claim of plaintiff for mental harassment and physical torture is rejected. The plaintiff has failed to show by evidence that how such damage occurred to her which can be computed in monetary terms for a sum of Rs.9 lakhs.