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E-Merge Tech Global Services P Ltd vs / on 31 December, 2007 cites

State Of Kerala vs K. Bhaskaran on 31 August, 1984

In the light of the above decision, if we are not prepared to accept the estimate of the trial court in the matter of assessment of damages, we are thrown to a more difficult zone, where the assessment of damages may be more arbitrary and uncertain when the plaintiff https://www.mhc.tn.gov.in/judis 18/36 C.S.No.258 of 2020 fails to give any evidence of loss and proves only breach of contract by the defendant, certainly nominal damages are allowed. But, it by no means follows that in every such cases, only nominal damages are recoverable. A distinction has to be drawn between a case of lack of total evidence which renders it impossible to quantify damages and cases which present difficulty in assessing damages because of the nature of the damage to be proved, and the difficulty in assessing it is not a ground for refusing substantial damages. Courts are bound to try to get at that sum of money which put the wronged party in the same position as that in which he would have been, if he had not sustained the wrong which entitles him to claim damages. A judge has got to assess damages as best as he could on the materials available. He is not justified in declining to estimate the damage merely because the plaintiff could not adduce the best evidence but has to decide what the proper measure is, having regard to all the attendant circumstances and proved facts in the case. Of course in the matter of granting reasonable compensation when it is proved that one of the parties to the contract has committed breach of contract, a degree of arbitrariness is always likely to be present. To what extent the arbitrariness can travel is the crucial question. The answer is, the assessment must have the character of fairly reasonable certainty.
Kerala High Court Cites 2 - Cited by 14 - M F Beevi - Full Document
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