usual
award for loss of dependency, made award for special damages
for funeral expenses, journey to the hospital, treatment
expenses, etc. The High Court ... estate.
7. In a fatal accident action, the accepted measure of
damages awarded to the dependents is the pecuniary loss
suffered by them
must
proceed further and give compensatory relief, nor by way of
damages as in a civil action but by way of compensation
under the public ... owner due to
the fault of government Servants,
the claim being of damages of the
tort of conversion under the
ordinary process
statement of facts.
Claim No. 11: Rs.2,00,000/- payable as damages on account of hire charges
of tools & plants and scaffolding ... suffered loss due to the said prolongation.
Claim No. 15: Claimants claim damages Rs.6,25,979/- on account of
establishment due to prolongation
with a specific statement
inter alia that the amount equivalent to liquidated damages for delay
in supply of pipes would be recovered from the respondent ... liquidated damages. That
deduction was disputed by the respondent and, therefore, dispute was
referred to the arbitral tribunal. The arbitral tribunal arrived at the
conclusion
contract upon giving a notice therefor. In
absence of such a notice, damages could not be claimed. Reliance
in this behalf has been placed ... thus, in terms of
Section 55 of the Indian Contract Act, damages were payable. Even in terms
of the main contract between BSCL and ONGC
English Courts. Even in England where award of
exemplary or aggravated damages for insult etc. to a
person has now been held to be punitive ... negligence is committed, public
authorities or officers may be liable in damages for
malicious, deliberate or injurious wrong-doing.
There is thus a tort which
later, for determining right and power of the
Commission to award exemplary damages and accountability of
the statutory authorities. We therefore come straight away ... compensated
by award of the just equivalent of the value or damages for
loss. 'Goods' have been defined by clause (i) and have
therefore, sought
adequate compensation for the victims of the tragedy and punitive damages
against the theatre owner, DVB, MCD, Fire Force and the Licensing Authority ... foreseeable hazards. They claimed
compensation and other reliefs as under:-
(a) award damages of Rs.11.8 crores against the respondents, jointly and
severally
injury to,
persons arising out of the use of motor vehicles, or damages to any
property of a third party so arising, or both, could ... despite
the fact that claimant has not precisely stated the amount of damages
of compensation which he is entitled to. If evidence on record
justifies
deceased approached
any Court or authority for any compensation or damages,
except the present petitioners, who were in fact acting on
their own. In course ... made by the multiplier method. Even Kemp & Kemp on
Quantum of Damages after comparing the multipliers
chosen by judges from their experience found
