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
compensation in such
cases should invariably include pecuniary and non-pecuniary damages. In R.D.
Hattangadi v. Pest Control (India) Private Limited ... 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
extension upto 31.7.1995 by letter
dated 24.8.1995, without levying any liquidated damages. The contractor
proceeded with the work even thereafter. However, as the progress ... alternative
agency - recoverable as per clause
(3) of the agreement
2. Liquidated damages levied under Rs.56,84,998 Nil
clause (2) of the agreement
compensation
in such cases should invariably include pecuniary and non-
pecuniary damages. In R.D. Hattangadi v. Pest Control (India)
Private Limited ... 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
proceedings for the recovery of any debt or
damages or in any proceedings in which a claim for in-
terest 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
admittedly a diabetic patient. Therefore, he should at
least receive nominal damages for the deficiency of service. This was what
was precisely done by learned ... telex or fax messages, or e-mails."
(emphasis supplied)
Liability for damages for delay
25. Rule 19 of Second Schedule to Carriage
agent would make the principal (appellant-carrier) liable for such
damages. Further, it is held by the National Commission that the
appellant-carrier was duty ... service.
He lays emphasis on the phrase "An action for damages must be
brought" at the beginning of Rule 29 and states that
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
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
respondent was also made a
party. The respondent also recovered liquidated damages to the
extent of 10 per cent of the contract value amounting ... submissions to claim No.5 pertaining to the
amount of liquidated damages recovered by the respondent
