said Act), the Supreme Court pointed out the difference between damages recoverable under the said two Sections. It was held that while under Section ... Section 1A) damages are recoverable for the benefit of the persons mentioned therein, under Section 2 , compensation goes to the benefit of the estate; whereas
treated as a deprivation, which entitles a claimant to damages. The amount of damages varies according to gravity of injuries. Deprivation sustained as a consequence ... Tribunals and Courts should make an honest and serious attempt to award damages so far as money can compensate the loss. Loss of curing
that it was open to the appellant to bring an action for damages against both or either of the drivers or his master ... whole damage. He has a right to recover the full amount of damages from any of the defendants.
(Emphasis added)
16. In Charlesworth on Negligence
been ruled that a claim made against a tort feasor for damages respecting personal injuries does not survive on his death for the benefit ... legal representatives and therefore an appeal filed by such person seeking higher damages cannot also survive for the benefit of his legal representatives. That order
Fletcher v. Autocar and Transporters Limited, said:
". . . the damages awarded should be such that the ordinary sensible man would not instinctively regard them ... extravagant, but would consider them to be sensible and fair. . . .".
The damages are not consolation money and they are given for the loss already
become unlawful, therefore, q1,1e'stion"o'f
paying damages for use and oclcup-ationlllof_'thle
for the eriod subse uenttodeterrriinatiori ... tenant' under KRC Act, therefore question of grant of
damages or rnesne profits wouid not arise as such the
7
landlord would be entitled
entire amount of compensation, which comprises of both pecuniary and non-pecuniary damages. On the other hand, the two Division Bench judgments of this Court ... which the claimant puts the person who is liable to pay damages on notice, that interest will be claimed) to date of institution
treated as a deprivation which entitles a claimant to damages. The amount of damages varies according to gravity of the injury. Deprivation of injuries ... personal deprivation, the court has to make an attempt to award damages so far as money can compensate the loss. Therefore, while considering deprivation
treated as a deprivation which entitles a claimant to damages, the amount of damages varies according to gravity of the injury. Deprivation of injuries ... personal deprivation, the court has to make an attempt to award damages so far as money can compensate the loss. Therefore, while considering deprivation
international prices; and that therefore, it was not liable to pay damages for any alleged loss. The Company also denied that the Board had sustained ... denied that it had committed breach or default or liable to pay damages. It also contended that the Board had failed to mitigate losses