covered as it is a consequential loss and the policy does not cover the consequential damage. For better understanding of the case the letter ... covered as it is a consequential loss and the policy does not cover the consequential damage.
I have instructed the repairer to keep open
such breakdown or derangement an accident occurs causing external damage, such consequential damage will be indemnifiable.
It is contended that the State Commission erred ... such breakdown or derangement an accident occurs causing external damage, such consequential damage will be indemnifiable.
[Emphasis supplied]
9. It is apposite at this stage
report about damage to the engine as the same was only consequential damage. Learned counsel further argued that as per Clause 2 of Section ... engine also got damaged due to which the engine got seized. Thus, damage of other parts cannot be treated as consequential damage, rather
policy included perils of debris removal clause and earthquake fire and shock damage clause. The complainant company has also taken a 'Loss of Profit ... give the consent under compelled circumstances. The complainants suffered consequential damage to the plant and the small hydro power unit restarted
ordinarily means failure to do statutory duty or otherwise giving rise to damage. Winfield has defined 'negligence' as under:
"Negligence ... scope of the duty;
(b) breach of that duty;
(c) consequential damage to B."
12
According to Dias,
Liability in negligence is technically described
breach of a legal duty to take care which results
in damage, undesired by the defendant to the plaintiff. The definition involves three constituents ... duty; (2) Breach of the said duty; and (3)
consequential damage.
11. Halsburys Laws of England (Fifth Ed. Vol.
78) states the nature of negligence
duty; (2) breach of the said duty; and (3) consequential damage. Cause of action for negligence arises only when damage occurs; for, damage ... exercise due care was not performed and that resulted in consequential damage to the patient. Moreover, it can be safely presumed that had the sample
duty; (2) breach of the said duty; and (3) consequential damage. Cause of action for negligence arises only when damage occurs; for, damage
Shed. The Complainant took all reasonable steps to minimize the consequential damage and loss. On 15.12.2010, the incident of fire was brought to the notice ... dated 15.12.2010, about the said incident of fire with estimated figure of consequential loss, which was duly received. Thereafter, the Opposite Parties appointed
duty; (2) breach of the said duty; and (3) consequential damage. Cause of action for negligence arises only when damage occurs; for, damage
