Section 12 of Indian Evidence act deals with facts tending to enable court to determine amount are relevant in suit for damages.
Section 12 In suits for damages, facts tending to enable Court to determine amount are relevant –– 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.
It also depends upon the principles of substantive law under which an action is brought.
For example facts which are relevant for awarding damages for defamation may not be relevant to damages for breach of contract.
In tort law the court takes into account the motive, malice and intention of the wrongdoer. Even the riches and ability of defendant to compensate play some part.
In the law of contract, on the other hand, the mode and manner of breach, the intention of the party committing the breach, his riches, mental pain and suffering caused by breach are all irrelevant to the question of damages.
In Shaikh Gafoor v. State of Maharashtra (2008), the court said that difficulty in assessing damages was no ground to refuse award of damages. It is duty of the court to make an appropriate award. The court calculated damages according to the probable income that the damaged crops could have yield per acre.
Dr. Deepak Miglani
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