Page 56 - Liability Insurance IC74

The Insurance Times

nuisance may arise in spite of the fact that the person
has taken all possible care.

In fact, generally speaking, the duty on the part of the
wrong doer is absolute and liability arises if damage can
be proved. But in case of negligence, liability arises only
out of failure to exercise that degree of care demanded
by that particular situation. Action for nuisance is
sustainable only when there is actual damage which may
be physical damage to premises or property of another
or interference with the enjoyment of the premises.

(c) General damages and special damages -the term
'damages' means that pecuniary compensation
recoverable by civil action for breach of contract or for
tort. (i) Special damages: these comprise (a) actual loss
of earnings, suffered as a result of injury. (b) medical,
nursing and other expenses necessarily incurred as a
result of the injury and (c) funeral expenses.

The above expenses are computed up to the date of
settlement of judgement.

(ii) General damages: these comprise damages for (a)
pain, suffering and distress (b) loss of enjoyment of life
and loss of amenities (c) loss of recreational ability, and

Website: www.bimabazaar.com Call: 033-22184184 / 40078428 52

Copyright@ The Insurance Times. 09883398055 / 09883380339