motor accidents, as in other matters, is paid for
reparation of damages. The damages so awarded should be
adequate sum of money that would ... never be eliminated or ameliorated
completely. To put it simply-pecuniary damages cannot replace a
human life or limb lost. Therefore, in addition
entered a time barred
claim and (ii) that the Arbitrator had awarded damages to the
claimant under category ... held that where the parties have
deliberately specified the amount of liquidated damages,
there can be no presumption that they at the same time
intends
interest.- (1) In any proceedings for
the recovery of any debt or damages or in any proceedings in
which a claim for interest in respect ... debt or damages
already paid is made, the court may, if it thinks fit, allow
interest to the person entitled to the debt or damages
Ajmer and obtained a
temporary injunction restraining the employer from imposing liquidated
damages.
6. The contractor made an application to the District Court, Ajmer, under ... mortgaged to the department. In
case work is left in-complete, liquidated damages will be imposed as per
terms of the document and the assets
introduced by Act 1/ 2000). The plea for deduction
of damages is in the nature of a 'set off' falling
under Sub-clauses ... under Section 19(8) to (10). Again, the
plea for deducting 'damages' though raised in the
suit is indeed broadly a plea
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
been
developed from case-to-case. The availability of exemplary damages in certain
torts (for instance) suggest an overtly punitive function - but one thing ... needs to lay
down principles on which liability could be fastened and damages assessed in
cases in which due to behaviour of mobs and riotous
obligatory on the part of the State to prove actual damages,
inasmuch as for invoking such a penal clause, the State was
bound to establish ... contract on the part of the
17
licensees and consequential entitlement to damages particularly
when the contracts themselves had been terminated.
vi. The Commissioner
contract extracted below :
"G 1.09 No claim for interest or damages will be entertained by the
Government with respect to any money or balance ... arbitrator) can in any proceedings for recovery of any debt or
damages, allow interest to the person entitled to the debt or damages
Interest. (1) In
any proceedings for the recovery of any debt or
damages or in any proceedings in which a claim for
interest in respect ... debt or damages already
paid is made, the court may, if it thinks fit, allow
interest to the person entitled to the debt or damages
