Page 42 - Liability Insurance IC74
P. 42
The Insurance Times
Q 2. (a) Give examples of General Damages.
Ans. 'Damage' means the pecuniary compensation
irrecoverable by civil action for breach of contract or
for tort. General damages comprise damages for (i) pain,
suffering and distress.(ii) loss of enjoyment of life and
loss of amenities. (iii) loss of recreational ability and
(iv) loss of reduced expectation of life.
As per Court's directives, General damages can also be
awarded for : (i) the ongoing net loss of earnings
(prospective loss of income). (ii) the ongoing medical,
nursing or other expenses likely to be incurred in the future
as a result of the injury suffered. (iii) the loss of opportunity
job market and (iv) loss of matrimonial prospects.
The value of future losses is suitably at adjusted by the
Court suitably upwards or downwards, to reflect (i)
immediate receipt of money with potential for earning
investment income.(ii) other benefits received by the
legal heirs through succession to property is all monies
of the deceased.(iii) the changing circumstances of life,
for e.g, widow remarriage and (iv) inflation.
(b) Outline the general approach adopted by the
Courts for arriving at the amount of General
Damages.
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