Page 132 - Liability Insurance IC74
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(b) Punitive damages - Repeat of Q8(b) of Nov 2008 &
Q2(a) of May 2009
Special and general damages are known as
'compensatory' damages. Some states in the U.S also
award punitive damages as an additional amount, by
way of punishment and warning to others, where the
conduct has shown willful or wanton disregard of safety
considerations. These are also called exemplary
damages. The juries in these states may multiply the
basic amount of general damages by 5, 10 or even 20.
Hence, these damages are also known as multiplicatory
damages.
(c) Legal defences for negligence - the employer is not
liable, for any accidents directly attributable to :
(i) if the workman had been under the influence of
drinks or drugs
(ii) the willful disobedience of the workman to orders
and rules expressly given to secure the safety of
the workmen
(iii) the willful removal or disregard by the workman of
any safety device provided for the safety of the
workmen.
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