| Citation(s) |
|---|
| 2026 SLG 194 2026 SLD 194 = 2026 PLD 1 |
Sindh High Court
IInd Appeal No. 40 of 2019, decided on 6th December, 2024.
Presented By: Before Muhammad Iqbal Kalhoro, J
Shahanshah Hussain and Ahmed Ali Ghumro for Appellants. Khalid Javed, Munwar Juma and Farkhunda Shaheen for
Respondent No.1.
IInd Appeal No. 40 of 2019, decided on 6th December, 2024.
Presented By: Before Muhammad Iqbal Kalhoro, J
Shahanshah Hussain and Ahmed Ali Ghumro for Appellants. Khalid Javed, Munwar Juma and Farkhunda Shaheen for
Respondent No.1.
WATER AND POWER DEVELOPMENT AUTHORITY through Chairman and another---Appellants
VERSUS
KADIR BAKHSH and another---Respondents
Law:
Section:
(a) Damages-------Types of damages---"General damages and special damages ---Definition and scope---"General damages are defined as immediate, direct, and approximate result of the wrong complained of---Law presumes general damages to flow from the negligence complained of---These damages have to be proved but it is not necessary to allege them in detail in the pleadings---General damages are governed by the rule of thumb, whereas, special damages are required to be specifically pleaded and proved---General damages are those which the law implies even if not specially pleaded, which includes compensation for pain and suffering and the like and, if the injuries suffered are such as to lead to continuing or permanent disability, compensation for loss of earning power in the future---"Special damages are explained as actual but not necessarily the result of injury complained of---Special damages mean some specific item of loss which the plaintiff alleges is the result of the defendant's negligence in the particular case, although the law does not presume it to flow from the negligence as a matter of course---Special damage consists of out-of-pocket expenses and loss of earnings incurred down to the date of trial and are generally capable of substantially exact pecuniary assessment---Basic principle so far as loss of earnings and out-of-pocket expenses is concerned is that the injured person should be placed in the same financial position, so far as can be done by an award of money, as he would have been had the accident not happened--In simple words the damages are intended to put a person in the same position as he would have been in, had he not received the injury.Abdul Majeed Khan v. Tawseen Abdul Haleem and others PLD 2012 SC 80; Qazi Dost Muhammad v. Malik Dost Muhammad 1997 CLC 546 and C.B. Singh v.Agra Cantonment AIR 1974 Allhabad 147 rel.(b) Damages-------Recovery of general and special damages---Scope---Failure to mention full particulars of the special damages in the pleadings---Effect---Delay in completing the construction work of the hospital due to dangling of high tension electricity wires---Removal of…