amount of compensation payable to
a victim of an accident, the damages have to be assessed separately as
pecuniary damages and special damages. Pecuniary damages ... capable of being
calculated in terms of money; whereas non-pecuniary damages are those
which are incapable of being assessed by arithmetical calculations. In
order
measuring the value of human life or
a limb. Measure of damages cannot be arrived at by precise
mathematical calculations. It would depend upon ... Agrawal the Supreme Court referred to Kemp
and Kemp on Quantum of Damages, (Special Edn., 1986),
MAC APP 590/2011 Etc. Page
restitution in integrum. The said principle provides that a
person entitled to damages should, as nearly as possible, get that
sum of money which would ... death must be ascertained.
15. Thus, in the realm of determination of damages in a motor
accident claim case some speculation and guess work
three-Judge Bench of
this Court, while considering the assessment of damages in personal-injury-
actions, reproduced the following passage from the decision ... West & Son, Ltd. v. Shephard[3] : -
“My Lords, the damages which are to be awarded for a tort are
those which
spend by the Administration as
royalty for quarrying stones, and damages for causing ditched shall
be receivable by the plaintiffs."
3. The plaintiff ... contract under Section 73 of the Contract
Act, 1872 is of damages, and, the Specific Relief Act, 1963 only
provides the alternative discretionary remedy that
contract
under Section 73 of the Contract Act, 1872 is of damages, and, the Specific
Relief Act, 1963 only provides the alternative discretionary remedy that ... instead of damages, the contract in fact should be specifically enforced. Thus
for breach of contract the remedy of damages is always there
late payment
the Assistant Provident Fund Commissioner initiated proceedings for
recovery of damages under Section 14-B of the Act. These proceedings ... this reason, damages in the sum of ` 7,10,989/- were imposed
under Section 14-B of the Act; details of which are as under
very nature, is determinable. The petitioner may be entitled to claim
damages on termination, if the termination is found to be invalid, but
there ... range of Rs. 2500 crore. The petitioner is entitled to
claim damages in the form of loss of profit, on account of the illegal
termination
Companies Act, 1956 or whether
the same is in the nature of damages?
The present reference has been made as this Court has
some doubts ... Collaboration Agreement, vide clause 16(a) and 16(b), provided
for damages on account of delay in completion of building beyond 30
months
settled. The injured is entitled to pecuniary as well as
non-pecuniary damages. Pecuniary damages also known as special
damages are generally designed to make ... capable of being calculated in terms of money whereas
non-pecuniary damages are incapable of being assessed by
arithmetical calculations. The pecuniary or special damages
