...cost of Rs.1,86,000/- towards damages suffered by complainant for the loss of time and mental anguish, pain and other sufferings caused to the complainant, in total sum of Rs.3,33,352/- along with...- SRI.K.S.BILAGI, PRESIDENT 1. This is a complaint under Section 12 of C.P.Act, 1986 has been filed against the OP seeking for following reliefs:- (a...) direct the OP to reimburse the amount paid by the complainants towards the repair (claim) of his vehicle amounting to sum of Rs.1,53,352/-. (b) direct the OP to pay compensatory...

...conduct on the part of the defendant, and are intended to solace the plaintiff for mental anguish, laceration of his feelings, shame, degradation, or other aggravations of the original wrong, or else...travelling beyond, the blow will fall. Section 14-B is good for these reasons.39. The further submission is that damages being compensatory in character could not exceed...concealed the facts pertaining to the earlier defaults and the attendant levy of damages under Section 14-B of the Act. For the period between November 1970 and January 1971, again for the periods between...

...damages in contract will be awarded for injury to the plaintiff's feelings, or for his mental distress, anguish, annoyance, loss of reputation or social discredit caused by the breach of contract; … The..., however, the court of appeal has refused to award damages for injured feelings to a wrongfully dismissed employee, and confirmed that damages for anguish and vexation caused by breach of contract.... 8316 of 1995 the MRTP Commission has held the claimants entitled to an amount of Rs 50,000 payable as compensation for “mental agony” suffered by the claimants for failure of the Authority to...

...deficiency in service & unfair trade practice committed by OP due to breach of TRAI guidelines & ethical business practice. Complainant, being senior citizen, had to suffer mental anguish & had to approach Consumer Forum .../- per month with 10% incremental rise per month till finalisation of the suit. The Complainant further claimed sum of Rs 9,90,000/- as punitive damages for the mental anguish suffered by Senior citizen...the Complainant, therefore, OP 2 alone cannot be blamed. However, Complainant, being senior citizen & hardship suffered by him, is entitled to get reasonable compensation & Costs for physical, mental...

...resultant of the strike, including compensation for mental and physical anguish and agony caused due to non-availability of the money or against a limit/loan or overdraft facility with the Bank...loss or damage was caused to any depositor but it was not caused due to negligence of Bank then no claim of damages under the Act was maintainable.3. For these reasons, the appeal fails and is dismiss...R.M Sahai, J.— The short question that arises for consideration in this appeal directed against judgment of National Consumer Disputes Redressal Commission, New Delhi, is...

...about many consequences like Loss of Earning Capacity, loss of mental pleasure and many such consequential losses. A person be-comes entitled to damages for mental and physical impairment, his or her...of profit up to the date of trial; (iii) other material loss. So far as non-pecuniary damages are concerned, they may include: (i) damages for mental and physical shock, Pain and Suffering, already...: (1) damages for mental and physical shock, Pain and Suffering already suffered or likely to be suffered in the future; (2) damages to compensate for Loss of Amenities of life; (3) damages ...

...(HL), the aforesaid case has clearly held as under: (AC p. 400)“The general principle for the assessment of damages is compensatory i.e that the innocent party is to...dispute about the fact that damages for the contractual breach are generally compensatory arising out of the breach. Therefore, the damages awarded should not be excessive and a court/tribunal needs to...may be noted that even in the absence of fraud, mere unwillingness to carry out the duty could constitute bad faith sufficient for the purchaser to claim damages.13. To...

...ER 657 (HL) that it is a matter of pounds, shillings and pence. There cannot be actual compensation for anguish of the heart or for mental tribulations. The quintessentiality lies in the pragmatic...concerned, they may include (i) damages for mental and physical shock, pain and suffering, already suffered or likely to be suffered in future; (ii) damages to compensate for the loss of amenities of life.... 631 D-G)“My Lords, the damages which are to be awarded for a tort are those which ‘so far as money can compensate, will give the injured party reparation for...

...2,53,425 claimed as damages towards mental pain, social and public humiliation, wrongful confinement and expenses incurred in defending the criminal cases (for convenience we shall describe them as non...the pecuniary damages in B and C Schedules i.e the value of paddy and rice sold. However, the High Court refused to grant a decree for A Schedule i.e mental pain, loss of reputation, wrongful...sought for pecuniary loss (B and C Schedules — loss of paddy etc.) and also damages for non-pecuniary loss (A Schedule — pain, anguish, loss of reputation). The High Court held that there was malice etc...

...: (i) damages for mental and physical shock, pain and suffering, already suffered or likely to be suffered in the future; (ii) damages to compensate for the loss of amenities of life which may include.... (2012) 12 SCC 274, this Court held as follows :“2. … There cannot be actual compensation for anguish of the heart or for mental tribulations. The quintessentiality...judicious attempt to award damages, so as to compensate the claimant for the loss suffered by the victim. On the one hand, the compensation should not be assessed very conservatively, but on the other...

...damages for medical negligence, which was decreed for a sum of Rs 54,000 with interest at the rate of 12 per cent per annum from the date of institution of the suit till the payment of the decretal amount...was not successful, she would not claim any damages. It was pleaded that she was estopped from raising the plea of negligence or from claiming damages for an unsuccessful sterilisation operation from...any damages to Smt Santra. It was also claimed that the expenses awarded for rearing up the child and for her maintenance could not have been legally decreed as there was no element of “tort...

...damages are concerned, they may include : (i) damages for mental and physical shock, pain and suffering, already suffered or likely to be suffered in the future; (ii) damages to compensate for the...cannot be actual compensation for anguish of the heart or for mental tribulations. The quintessentiality lies in the pragmatic computation of the loss sustained which has to be in the realm of realistic...the victim in as near a position as she or he was in before the accident, with other compensatory directions for loss of amenities and other payments. These general principles have been stated and...

...claimant for the injury and Special Damages which includes damages for mental and physical shock, loss of amenities, loss of expectation of life and inconvenience. It may be observed that cumulatively, onl...the date of trial; (iii) other material loss. So far as non-pecuniary damages are concerned, they may include : (i) damages for mental and physical shock, pain and suffering, already suffered or...entitled to damages for mental and physical loss, his or her life may have been shortened or that he or she cannot enjoy life, which has been curtailed because of physical handicap. The normal expectation...

...offender is prosecuted, which the State, in law, is duty-bound to do. The award of compensation in the public law jurisdiction is also without prejudice to any other action like civil suit for damages which...Madan B. Lokur, J.— Custodial violence has always been a matter of great concern for all civilised societies. Custodial violence could take the form of third degree methods...through sexual violence—it could be to satisfy the lust of a person in authority or for some other reason. The “Mathura rape case (1979) 2...

...they continued to persist with their illegal activities. For this reason, the plaintiff is entitled to recover the amount of Rs. 1,41,788.57/- as actual compensatory damages from the defendants. On...concept of damages is to compensate a claimant for loss and damage and can also be referred to as compensatory damages which are awarded to compensate a plaintiff for damages which he has suffered.... 23. The next kind of damages are in the nature of compensatory damages which are awarded to compensate a plaintiff for the loss suffered by him and to put him in the same position as if the tort...

...-amendment period, what was contemplated by the statutory provision was recovery of damages for default committed by an employer in payment of any contribution to the Fund. The words “may recover...the legislature for initiating action for recovery of damages under S. 14 B.10. It is very pertinent that even then the Supreme Court was careful to point out the pleas in support of...the compensatory and penal element in the damages so stipulated; one has to look at the amended provisions; which amendment was brought in along with the introduction of S. 7Q. The amended S. 14B...

...earnings, impairment of future earning capacity, medical expenses, mental and physical suffering, property damage, etc. Adoption of those methods as such in computing the damages for violation of...licences, permissions and clearances. They therefore sought adequate compensation for the victims of the tragedy and punitive damages against the theatre owner, the DVB, MCD, Delhi Fire Force and the...;(c) award punitive damages of Rs 100 crores to the Association for setting up and running a Centralised Accident and Trauma Services and other allied services in the city of...

..., cannot stop by giving a mere declaration. It must proceed further and give compensatory relief, not by way of damages as in a civil action but by way of compensation under the public law jurisdiction for...to the fault of government servants, the claim being of damages for the tort of conversion under the ordinary process, and not a claim for compensation for violation of fundamental rights. Kasturilal...right to life and liberty, the protection of which is guaranteed under the Constitution, is a claim based on strict liability and is in addition to the claim available in private law for damages for...

...loss. So far as non-pecuniary damages are concerned, they may include : (i) damages for mental and physical shock, pain and suffering, already suffered or likely to be suffered in the future...: (SCC p. 276, para 2) "2. … There cannot be actual compensation for anguish of the heart or for mental...counsel for the appellant submitted that the appellant has sustained 75% mental moderate retardation and has no control over the passage of her urine. Further, it is submitted that the disability of the...