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 tragedy of this
magnitude.
Pass appropriate writ order or direction awarding damages against the
respondents, jointly and severally, to the petitioners including all
victims ... considered just and
proper, by this Hon’ble Court.
Award damages against the respondents, jointly and severally, to the tune
of Rs.63 crores
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
employer”) to pay a sum of [pic]1,00,000/- as
damages to the appellant-workman. The direction issued by the High
Court ... substituting its award
with award of [pic]1,00,000/- as damages is erroneous in law since the
action of the respondent in terminating
contract is legally impermissible under the Indian Contract Act . As
regards liquidated damages, the Court would have to scrutinize the
pleadings as well as evidence ... penalty, but rather as a fair pre-estimate
of what the damages are likely to arise in case of breach of the contract.
No evidence
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
termination of the agreement and contended that it was
entitled to damages for breach of contract. In the counter claim the
notice dated 17.4.2006 sent ... appellant through its
counsel that it would compute its losses, damages, costs, charges,
expenses, etc. after the building work was over and claim the same
accountable for the
mishap occurred on the fateful day much less the damages or monetary
compensation to be awarded in favour of the appellant herein ... restitutio in
integrum. The said principle provides that a person entitled to damages
should, as nearly as possible, get that sum of money which would
complaint and without evidence of any loss
suffered, the award of punitive damages was permissible. Apart from the
said main question, the appellant has also ... complaint. The National Commission
proceeded to consider the issue of punitive damages for “unfair trade
practice” in selling the said vehicles to about 260 consumers
plaintiff‟s goods.
The impugned judgment also directed payment of punitive damages to the
extent of Rs. 5 lakhs to the plaintiff. The parties will ... media
whatsoever including the electronic media. Reckitt also sought damages to
the tune of Rs.20,00,050/- towards disparagement, denigration and
tarnishment
