event, there was a duty on the plaintiff to mitigate damages, that the onus of proving what efforts he made to obtain alternative employment ... point shows that he has really made no efforts whatsoever to mitigate damages the onus which according to Mr. Daji, lies upon
within this Court, are not to be taken into consideration for mitigating the damages payable by the tortfeasor. Therefore, the question of insurance being covered ... then from the firm premise that insurance money cannot go in mitigation of damages leviable on the tortfeasor it is nevertheless both at and indeed
damages consequent on the breach of the contract, he will be debarred from claiming damages from the defendant to the extent he could have mitigated ... have mitigated by taking reasonable steps for mitigating the loss consequent upon the breach of the contract. I have, therefore, to estimate the damages
Schedule I of the
Agreements is contrary to the law on mitigation of damages.
19. The petitioner submitted that the respondent/claimant was free ... establishing that he
had made efforts to obtain alternative employment to mitigate the
damages.
32. Sh. Sameer Rohtagi, learned counsel for the petitioner further reiterated
best
judgment assessment of damages were permissible in cases where damages
were to be awarded and that calculation of damages with mathematical
precision ... principle that a person must do what he can to mitigate damages
applies to a contract of service just as it applies to an ordinary
period without
inviting arguments on mitigation and / or considering the authorities
on onus of proof for mitigation of damages which are on the
Respondent ... while assessing damages, the onus to prove that means
existed to mitigate damages is on the Defendant. Only when the
Defendant discharges this burden
counsel raised objections regarding
the steps taken by the appellant to mitigate damages. Although,
the appellant has produced on record certain newspaper clippings ... take reasonable steps to mitigate the
loss arising out of such termination or unemployment. The
principle of mitigation of damages is set out in Section
Naresh Kumar Tyagi vs Ricoh India Limited on 6 February, 2012
IN THE COURT OF
argued that the plaintiff has
failed to take the steps for mitigating damages and at the most the plaintiff
can claim two months salary ... possible to grant damages
as claimed inasmuch as the principles of mitigation of damages squarely
applies. As per this principle of mitigation of damages enshrined
that the respondent-claimant had based its relief
for compensation/damages only for mitigation of losses. In the
alternative, Mr. Kaul submitted that the onus ... carried out to give effect to the principle of mitigation of
damages.
32. As far as Mr. Kaul‟s submission that petitioner-objector had been
