Page 288 - Motor Insurance Ebook IC 72

The Insurance Times

for breach of contract or for tort. If negligence is
established, damages are awarded against the insured.

The damages are of two types:
a. Special Damages: These relate to actual financial

loss or expenses resulting from the accident.
Examples are medical surgical and hospitalization
expenses, loss of salary and income, funeral expenses,
etc. These damages have to be specifically proved
and supported by bills, vouchers, etc.

b. General damages: These damages are those,
which the law presumes to a flow from the
negligence complained of. These damages are
awarded as monetary compensation for pain and
suffering, mental and nervous shock, loss of
amenities of fire, loss of enjoyment of life, continued
impairment of health, loss of prospective earnings,
loss of matrimonial prospects in the case of facial
disfigurement etc.

Pain and suffering mean no more than the suffering
attributable to the injury itself and to any
consequential surgical operation past and future
suffering, pain, duration and its severity are taken
into account. Damages are given both for mental
and physical paid and suffering.

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