1. Introduction

Define remedies and discuss its types.

2. Damages

When a person suffers loss or injury due to some other person then he is entitled to receive damages from the defendant. We can also say that damage is the loss which is the cause of the award of the damages. Damages are of four kinds—

(i) contemptuous;

(ii) nominal;

(iii) ordinary; and

(iv) exemplary.

Contemptuous damages/Derisory damages

Describe damages and discuss its types.

In contemptuous damages, damage is awarded by the court when the plaintiff has technically a legal claim but there is no moral justification for it. The court may award a penny or a paisa showing disapproval of the conduct of the plaintiff. Such damages are awarded when the plaintiff should not have brought an action against the defendant.

For example – A sues B for assault and it is found by the court that A’s remarks had provoked B then in such circumstances A may be awarded only a minimal sum whereas, had he (A) not made the remark, his damages might have been heavy. In such a case, the plaintiff might be denied costs.

Nominal damages

Nominal damages are awarded, when the plaintiff has not suffered any actual loss. For example if A has trespassed on B’s land but A has committed a trespass. But B has not suffered any actual loss. In the case Ashby v. White, 1703 (2) Lord Rayam, 938, the defendant wrongfully refused to register a duly tendered vote of the plaintiff in the parliamentary elections in England. The plaintiff suffered no loss as the candidate to whom he wanted to cast his vote, got elected. The Court held the defendant liable for a sum of £ 5 alongwith costs of the case. Chief Justice Holt said—

“If a man gives another a cuff on the ear, though it costs him nothing, not so much as a little dischylon yet he shall have his action, for it is a personal injury. So a man shall have an action against another for riding over his ground, though it did no actual damage, for it is an invasion of the property and the other has no right to go there.”

Ordinary, aggravated and exemplary damages

Ordinary damages are awarded to compensate the injured party fairly by allowing him money compensation equivalent to the loss suffered by him.

In case, if tort has been committed in aggressive manner, the court is then supposed to award aggravated damages.

So, cases of assault, an act done wilfully, wantonly, maliciously or with undue consideration may attract higher compensation. In the case Mc Carey v. Asso. Newspaper Ltd., 1964 AC 1129, Pearson LJ., illustrated ‘aggravated damages’ as—“compensatory damages in a case in which they are at large may include several different kinds of compensation to the injured party. They may include not only actual pecuniary loss, or any social disadvantages which result...... from the wrong..... They may also include natural injury to the plaintiff’s feelings; the natural grief and distress which he may feel in being spoken of in defamatory terms; and if there has been high handed or oppressive or insulting...... behaviour by the defendant which increases the mental pain and suffering which is caused, ......and which may constitute injury to the plaintiff’s pride or self-confidence, those are proper elements to be taken into account where damages are at large. There is, however, a sharp distinction between damages of that kind and....... exemplary damages.”

Exemplary damages are also known as ‘punitive’, ‘vindictive’ or ‘retributive’ damages.

In some special circumstances, exemplary damages are allowed,Devlin LJ., in Rookes v. Barnard, 1964 AC 1129, held that in following circumstances exemplary damages can be awarded—

(i) Where the plaintiff has been aggrieved by oppressive, arbitrary or unconstitutional action by servants of the Government, “though not when he is subjected to similar treatment by corporation’s or private individuals.”

(ii) Where the defendant’s conduct “has been calculated by him to make a profit for himself which may well exceed the compensation payable by him to the plaintiff....... Exemplary damages can properly be awarded when it is necessary to teach a wrongdoer that tort does not pay”.

(iii) Where exemplary damages are authorized by the Statute.

Prospective damages

Compensation is made not only for present loss, but also as best it can be for future loss in the form of ‘prospective damages.’ In the case Y.S. Kumar v. Kuldip Singh, AIR 1972 P&H 326, the respondent was Excise and Taxation Officer. He was hit by a motorcycle, resulting in physical injuries to his ankle. He was permanently disabled due to this accident. A prospective compensation of Rs. 7200 calculated at the rate of Rs. 50, per month for 12 years was awarded by the Punjab and Haryana High Court.

Assessment of damages for personal injuries

In the tortious liability redressal to plaintiff is met with the damages. Damages depend upon the quantum loss suffered by the plaintiff. In the case Rehana v. Ahmedabad Municipal Transport Service, MANU/GJ/0071/1976 : AIR 1976 Guj 37, it was held that damages for personal injury may be given under the following heads—

(i) Personal pain, suffering and loss of enjoyment of life.

(ii) Actual pecuniary loss including any expenses reasonably incurred by the plaintiff.

(iii) The probable future loss of income by reason of incapacity or diminished capacity for work.

In this case, Rehana was a 16-year old girl, who got injured and received a permanent limp. She was entitled to get a compensation of Rs. 10,000 under the first head, and under second head she got Rs. 2500 for medical expenses and Rs. 7,600 under the third head. Out of the total sum of Rs. 20,000, 25% was deducted leaving a sum of Rs. 15,000 as total compensation. The Court also considered the diminished prospect of marriage due to this injury.

Damages for shortened expectation of life

Sometimes in an accident a person receives such injury which shortens the life. This anomalous head was sanctioned for the first time by the Court of Appeal in Flint v. Lovell, 1935 All ER Rep 200 CA. In 1941, in the case Benham v. Gambling, 1941 AC 157, considered the quantum of damages for shortened expectation of life and ruled that damages under that head are to be moderate and to be measured by a conventional scale. But, in 1982, this head of damage has been abolished by the Administration of Justice Act, 1982.

In our country, the Supreme Court held in the case Gobald Motor Service Ltd. v. R.M.A. Veluswami, MANU/SC/0016/1961 : AIR 1962 SC 1:

(1962) 1 SCR 929, that damages under this head are assessed by putting a money value on the prospective balance of happiness in the years the injured might otherwise lived and having regard to the uncertainties of life and difficulties in assessment, very moderate sums are awarded. (This case has been discussed.)

Damages for loss of consortium

In England, a husband is allowed to claim compensation for the loss of consortium of his wife. But, it is not so, if the wife dies. No such claim is allowed to succeed if wife loses the consortium of her husband.

In India, a husband is entitled to claim compensation for the loss of consortium of his wife, even in the event of her death; Abdul Kadar v. Kashi Nath, MANU/MH/0150/1968 : AIR 1968 Bom 267:

(1967) 69 Bom LR 848.

3. Injunction

An injunction is an order of the court commanding or prohibiting the doing of some act or restraining the commission or continuance of some wrongful act, or we can say that an injunction is an order of the court commanding or prohibiting the doing of some act.

Types of Injunction:

(1) Mandatory and Prohibitory Injunction

— granted to compel the performance of some act.

(2) Interlocutory and Perpetual Injunction

— a temporary injunction granted to restrain the commission or continuance of some wrongful act, pending the determination of an issue in the court.