Questions and answers on law(Part 49)

Q 1:-  Whether Safari park project is infrastructure project as per amended specific relief Act?

Ans:- In my opinion, it comes under tourism infrastructure in entry 5 social and commercial infrastructure of Schedule of specific relief Act.

Q 2:- Whether court must issue notice to legal heirs of deceased defendant if application for taking his legal heirs is made after expiry of limitation period? If yes under which section or order?

Ans:- Court must issue notice to legal heirs of deceased defendant as per O 22 R 4 of CPC if application is made after expiry of limitation period.

Q 3:- What is basic concept of notional income in motor accident claim petition?

Ans:- Whenever it is pleaded that deceased had particular income, but no proof is produced, in that case estimate of the income needs to be drawn. Notional income is to be considered in case of persons had no income. For example child, old aged person, handicapped etc.For this purpose, it would be necessary for us to refer to Second Schedule under Section 163-A of the M.V. Act, at clause No.6 which refers to notional income for compensation to those persons who had no income prior to accident. The relevant portion of clause No.6 states as under:

“6. Notional income for compensation to those who had no income prior to accident:

Q 4:- What is difference between special damages and General damages?

Ans: In legal terms, “damages” are the amount of money you are awarded if your lawsuit is successful. There are different types of damages, and they’re given different names to specify exactly what it is that the defendant is paying for. The two most common types of damages are special damages and general damages.

General damages represent the types of damages that can’t easily be assigned a monetary value, such as pain and suffering, loss of consortium and emotional trauma. There is no evidence, such as bills or receipts, of a specific dollar amount, but they are losses for which the plaintiff deserves compensation nonetheless.

Special damages, by contrast, can be assigned a specific monetary value because these are compensation for the expenses you incurred as a result of the accident. Special damages include things like medical bills and lost wages. These are your “out of pocket” expenses.

One easy way to remember the difference between general and special damages is to think of them this way – general damages are the damages that can “generally” be attributed to the defendant’s negligence, such as the pain and suffering that all accident victims suffer. Special damages, on the other hand, are unique (or “special”) to you because no other plaintiff will have the precise amount of financial losses as you do.

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