Law:

Section:

Tort--- ----Mental shock and agony---Scope---Actual and special damages---Recovery of---Plaintiff sought recovery of compensation and damages for getting injury at hands of defendant due to his negligent driving---Validity---Documents produced by plaintiff were sufficient to establish injuries suffered by plaintiff in consequence to hit by vehicle---Such were actual payments made by plaintiff for treatment of injury which plaintiff had claimed to have received in result of malfeasance/negligence of defendant---In absence of disproof, plaintiff was entitled for such amount as same fell within meaning of special damages---Special damages/compensation meant material and actual loss capable of assessment in terms of money resulting as a natural or proximate consequence of a wrongful act---Plaintiff assessed such compensation, i.e., medical expenses as Rs. 2,000,000/- which with reference to produced documents was accepted by High Court---As regard claim of damages with respect to mental shock and agony, plaintiff did not produce any other evidence but his own words, therefore, plaintiff could not claim entitlement for a specific sum of his choice---Where 'wrong' on part of defendant was otherwise established, then court could assess fair compensation for 'mental shock'---Nothing was available to dispute the fact that it was the injury which resulted in confining plaintiff to bed therefore, monthly amount equivalent to his salary per month was reasonable---Plaintiff was entitled for such amount from date of injuries till decision---Suit was decreed accordingly. Tahir Jahangir and another v. Don Waters 2003 CLC 1699 and Malik Gul Muhammad Awan 2013 SCMR 507 rel. Abdul Majid v. United Chemicals (Ltd.) PLD 1970 Lah. 298; Mujahid Abdur-Rehman v. Mangla Dam Contractor PLD 1969 AJ&K 51; Farzand Raza Naqvi and 5 others v. Muhammad Din through L.Rs. and others 2004 SCMR 400; Ravi Kapur v. State of Rajisthan 2013 SCMR 480 and Steel Mills Corporation v. Malik Abdul Habib 1993 SCMR 848 ref. THIS JUDGMENT DELIVERED BY: SALAHUDDIN PANHWAR, JUSTICE:---.--- The present suit for recovery of compensation and damages has been filed by plaintiff for:-- a. direction to defendant to…

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