Section 12 of Indian Evidence Act – In suits for damages, the court must determine the amount of damages that the plaintiff is entitled to receive. In order to do this, the court needs to have evidence of the plaintiff’s losses. This evidence can include facts that are not otherwise relevant to the case, but that may help the court to determine the amount of damages. In suits for damages facts tending to enable Court to determine amount are relevant.
For example, in a personal injury case, the court may need to consider the following facts in order to determine the amount of damages that the plaintiff is entitled to receive:
- The plaintiff’s medical expenses
- The plaintiff’s lost wages
- The plaintiff’s pain and suffering
- The plaintiff’s loss of future earnings
- The plaintiff’s loss of enjoyment of life
Even though these facts may not be otherwise relevant to the case (for example, the fact that the plaintiff has a history of back pain is not relevant to the question of whether the defendant was negligent), they may become relevant in a personal injury case because they can help the court to determine the amount of damages that the plaintiff is entitled to receive. In suits for damages facts tending to enable Court to determine amount are relevant.
Another example of a fact that may become relevant in a suit for damages is the defendant’s financial situation. In some cases, the court may be able to award punitive damages, which are intended to punish the defendant for their wrongdoing. In order to award punitive damages, the court must consider the defendant’s financial situation. If the defendant is wealthy, the court may award a higher amount of punitive damages than if the defendant is poor.
The rule that facts tending to enable the court to determine the amount of damages are relevant is codified in Section 12 of Indian Evidence Act, 1872. This section states that:
“In suits in which damages are claimed, any fact which will enable the court to determine the amount of damages which ought to be awarded, is relevant.”
This rule is important because it ensures that the court has all of the information that it needs in order to award a fair and just amount of damages to the plaintiff.
Here are some examples of case law on the rule that In suits for damages facts tending to enable Court to determine amount are relevant.:
- Hadley v Baxendale (1854): In this case, the plaintiffs were millers who needed a crankshaft to repair their mill. They contracted with the defendants to transport the crankshaft. The defendants were negligent and failed to deliver the crankshaft on time. As a result, the plaintiffs’ mill was shut down for several days and they lost money. The court held that the plaintiffs were entitled to damages for their lost profits. The court reasoned that the defendants knew that the plaintiffs needed the crankshaft to repair their mill and that the defendants’ negligence caused the plaintiffs to lose money.
- Victoria Railways Commissioners v Coultas (1908): In this case, the plaintiff was a railway employee who was injured in an accident. The defendant was the railway company. The plaintiff sued the defendant for damages. The court held that the plaintiff was entitled to damages for his pain and suffering. The court reasoned that the defendant’s negligence caused the plaintiff to suffer physical and emotional pain.
- Narayanacharya v Krishnamurthy (1974): In this case, the plaintiff was a car owner who was injured in a car accident. The defendant was the driver of the other car. The plaintiff sued the defendant for damages. The court held that the plaintiff was entitled to damages for his loss of future earnings. The court reasoned that the plaintiff’s injuries were likely to prevent him from working in the future and that he would therefore lose income.
Conclusion – Section 12 of Indian Evidence Act
These cases show that the rule that facts tending to enable the court to determine the amount of damages are relevant is a broad and important rule. This rule ensures that the court has all of the information that it needs in order to award a fair and just amount of damages to the plaintiff. In suits for damages facts tending to enable Court to determine amount are relevant.