Ms. Lalita Devi vs Sh. Om Parkash Makhija on 26 April, 2023
41. Quantification of damages: In "Dal Chand
Gautam vs Panickers Travels India Pvt. Ltd. {RFA
No.184/2018 "wherein the only proof of damages was an
unreliable inspection report, the Hon'ble Delhi High court
upheld dismissal of the suit for damages and held that the
alleged damage caused will have to be proved as per law
and not merely on the basis of inaccurate / unreliable
inspection report because the costs had been arrived at by
the Expert without giving the basis on which the costs
have been calculated i.e there was no reference to any rate
sheet issued by any appropriate authority for construction
or rate sheets with respect to sanitary or electrical work
etc. Therefore the trial court was found justified in
dismissing the suit as not only quantum of damages were
not proved and also that damage to the property of the
appellant/plaintiff was not proved as required by law.