suffered a consolidated liquidated damages of Rs.2,50,000/ and unliquidated damages to the tune of Rs.1,00,000/- each. The opposite parties ... opposite parties?
3. Whether the complainants are entitled to get unliquidated damages of Rs.1lakhs each from the opposite parties?
10. The Forum below discussed
doctor and the
Insurance company, alleging medical neglignece inher
treatment. She claimed damages. Her c omplaint was
dismissed by the District Forum. During the Pendency ... this petition.
7. It is quite settled law that claim for
unliquidated damages for any tortuous liability is a mere
right to sue which cannot
negligence of the
service provider [ Section 14 (1 )(d)];
(iv) pay punitive damages in such circumstances as the District
Forum deems fit [Proviso to Section ... Where the liquidated damages have not
been agreed between the parties, unliquidated damages, which are
compensatory in nature may be imposed on the party
damages claimed are very remote in nature and cannot be claimed.
Unliquidated damages can only be claimed when the damages directly result from
the unfulfillment
tort, the redressal can always be claimed under tort through only unliquidated damages ie the compensation amount which has not been determined and is left
Krishna Malhotra, the complaint was not maintainable. A claim for unliquidated damages for any tortious liability is a mere right to sue which cannot
death of claimant -Right ot sue, not actionable claim-Claim for unliquidated damages for tortuous liability, mere right to sue, cannot be transferred. का संज्ञान
stated here that although there is no criteria to determine the requisite damages, in such like cases, yet, it must be based upon some reasoning ... damage resulting from such damage, especially in the context of unliquidated damages, gains immense significance. With respect to the formula to be used to ascertain
complainant/respondent after
her death. The claim of un-liquidated damages is a mere right to sue which
cannot be transferred.
E.
Because ... contends that
the claim for unliquidated damages for torturous liability being a mere right
to sue could not be transferred as the personal action dies
doctor and the
Insurance company, alleging medical neglignece inher
treatment. She claimed damages. Her c omplaint was
dismissed by the District Forum. During the Pendency ... this petition.
7. It is quite settled law that claim for
unliquidated damages for any tortuous liability is a mere
right to sue which cannot
