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
treated as a deprivation which entitles a claimant to damages. The amount of damages varies on account of gravity of bodily injury. Though ... Court and Tribunal should make an honest and serious attempt to award damages so far as money can compensate the loss. Regard must be given
Chopra
JUDGMENT
R.C. Chopra, J.
1. This suit for permanent injunction, damages and delivery up etc. has been instituted by the plaintiff Company alleging ... articles or any other infringing material is also prayed. A decree of damages in the sum of Rs. 12.5 lacs on account of actual damages
appeal No. 881/2015)
submit that the non-pecuniary heads of damages have not been
property taken care of.
Case 'G' : MAC Appeal ... second schedule to the M.V. Act , adding the non-pecuniary
damages in terms of R.K. Malik (supra). The parents (claimants) are in
appeal
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
prescribed under different accounts and heads. Basically, pecuniary and
non-pecuniary damages are to be assessed, wherein the computation of
loss of dependency ... considered to be fair and reasonable in the process
of assessment of damages. The Apex Court in the case of KSRTC vs.
Susamma Thomas
Netaji Subhash Marg, New Delhi and for recovery of future damages and mesne profit at the rate of Rs. 1,96,000/- per month ... Court framed the following issue in respect of the claim of future damages and mesne profit which was to the following effect:
1. At what
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
appropriate
method for computing the compensation. With respect to
the non-pecuniary damages, the Court observed that loss of
MAC .APP.No.13/2007 Page ... pecuniary loss as follows:
"Non-pecuniary loss: the pattern. Damages
awarded for pain and suffering and loss of
amenity constitute a conventional sum
which
contract by a defaulting party would not entitle other side to claim
damages unless said party has in fact suffered damages because of such
breach ... Section 74 of the Indian Contract Act deals with the
measure of damages in two classes of cases (i) where the contract names
