Section 12 of IEA : Section 12: In suits for damages, facts tending to enable Court to determine amount are relevant.

IEA

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Explanation using Example

Example 1:

Rajesh files a lawsuit against a construction company for damages after a poorly constructed building collapses, causing injury to him. In this case, Rajesh claims compensation for his medical expenses, loss of income, and mental agony. To determine the amount of damages, the court considers various facts such as:

  • Medical bills and reports detailing the extent of Rajesh's injuries.
  • Testimonies from doctors regarding the long-term impact of the injuries.
  • Rajesh's salary slips and employment records to calculate the loss of income during his recovery period.
  • Expert testimony on the mental trauma and its impact on Rajesh's quality of life.

Example 2:

Sunita sues a car manufacturer for damages after her new car's brakes fail, leading to an accident. She claims compensation for the repair costs of her car, medical expenses for minor injuries, and the cost of hiring a rental car while her car is being repaired. The court will consider:

  • The repair bills for Sunita's car.
  • Medical bills and records of her injuries.
  • Invoices for the rental car she used during the repair period.
  • Testimonies from mechanics and experts about the brake failure and its impact on the car's safety.

Example 3:

A farmer, Ramesh, sues a pesticide company for damages after using their product, which resulted in the destruction of his crops. Ramesh claims compensation for the loss of his crops and the financial impact on his livelihood. The court will consider:

  • Receipts and records of the purchase of the pesticide.
  • Agricultural expert reports on the cause of the crop destruction.
  • Financial records showing the expected yield and market value of the destroyed crops.
  • Testimonies from other farmers who may have experienced similar issues with the same pesticide.