Law of Damages and Compensation (3 Volumes)

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Description
C. Kameshwara Rao's-Law relating to Damages and Compensation has acquired for itself a unique and all pervasive place of importance in legal literature. Without in any way disturbing the original scheme adopted for and the original treatment given to the subject by the author, the publication has been thoroughly and analytically updated under the various topics and headings. All the new decisions have been placed at their appropriate places under suitable topics and headings. The latest statutes relevant to the subject have been suitably analysed and incorporated in the 7th Edition now in your hands.
Statutory provisions clearly indicate that the compensation must be "just" and it cannot be bonanza, not a source of profit but the same should not be a pittance. The Courts and Tribunals have a duty to weigh the various factors and quantify the amount of compensation, which should be "just". What would be "just" compensation is a vexed question. There can be no "Golden Rule" applicable to all cases for measuring the value of human life or limb. Measure of damages cannot be arrived at, by precise mathematical calculations. It would depend upon the particular facts and circumstances and attending peculiar or special features, if any. Every method or mode adopted for assessing compensation has to be considered in the background of "just" compensation which is the pivotal consid- eration. Though by use of the expression "which appears to or to be just" a wide discretion is vested in the Courts or the Tribunals, but the determination has to be rational, to be done by a judicious approach and not the outcome of whims, wild guesses and arbitrariness. The expression "just" denotes equitability, fairness and reasonableness and not arbitrariness.
A person not only suffers injuries on account of accident but also suffers in mind and body on account of accident throughout his life and a feeling is developed that he is no more a normal man and cannot enjoy the amenities of life as another normal person can. While fixing compensation for pain and suffering as also for loss of amenities of life, features like his age, marital status and unusual depr.va- tion he has undertaken in his life have to be reckoned. The measure of damage is the pecuniary loss suffered and is likely to be suffered by each dependant. The assessment of damages to compensate the dependants is be set with difficulties because from the nature of things, it has to be taken into account many im- poundrables, e.g., the life expectancy of the deceased and the dependants, the amount the deceased would have earned during the remainder of his life, the amount that he would have contributed to the dependants during the period, the chances that the deceased may not have lived or the dependants may not have lived up to the estimated remaining period of their life expectancy, the chances that the deceased might have got better employment or income or might have lost his employment or income altogether. Much of the calculation necessarily remains in the realm of hypothesis "and in that region arithmetic is a good servant but a bad master" since there are so often many imponderables. In every case, "it is the
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Table of Contents
Volume I
1.  Historical and General Survey
2. Definition, Nature and Classification of Damages
3. Foundation of Liability
4. Parties to the Action
5. Cause of Action and Damages
6. Torts : Measure of Damages
7. Measure of Damages in Contracts Generally
8. Directness and Remoteness of Damages (Contracts)
9. Directness and Remoteness of Damages in Tort
10. Mitigation of Damages
11. Costs as Damages
12. Interest as Damages
13. Liquidated Damages and Penalty
14. Damages for Wrongful Interference with Immovable Property
15. Rule of Damages in Actions for Breach of Contracts Relating to Immovable Property
16. Damages in Actions for Breach of Leasehold Covenants
17. Compensation in Motor Accidents
INDEX (Part-I)
(Part-II)
Volume II
 Digest of Latest Case Laws
18. Rules of Damages under the Fatal Accidents Act
19. Compensation under the Code of Civil Procedure and the Code of Criminal Procedure
20. Damages under the Consumer Protection Act
21. Claim for Compensation against Railway
22. Rules of Damages in Actions Upon Contracts of Hiring and Service
23. Hire and Hire-purchase
24. Damages Arising Out of Contract for Sale of Personal Property
25. Law of Master and Servant and Rule of Damages or Compensation Arising Out of Dismissal or Termination
of Services, etc.
26. Rules of Damages in Actions on Negotiable Instruments
27. Damages in Actions between Bailor and Bailee
28. Assessment of Damages in Bodily and Fatal Injury Cases
29. Compulsory Purchase and Compensation
30. Rules of Damages in Actions on Contracts for Payment of Money
31. Rules of Damages in Actions on Contracts of Guarantee and Indemnity
32. Rules of Damages in Actions for Breach of Contracts of Carriage
33. Rules of Damages in Actions in Contracts of Insurance
34. Contribution for Damages in Tort
35. Slander-Special Damages
36. Class and Kinds of Agents, Contract of Agency and other Fiduciary Relationships
37. Contract of Agency and other Fiduciary Relationships
38. Compensation for Disturbance of Business and Professional Tanants and Compulsory Acquisition and Compensation for Improvement
39. Damages for Wrongful Distress
40. Agricultural Holdings (English)-Compensation for Disturbance and Deterioration of Holdings
41. The Measure of Damages in Detinue and Conversion Compensation under Workmen's Compensation Act, 1923
VOLUME III
42. Damages for Breach of Contract for a Lease-Penalties, Liquidated Damages and Penal Rents
43. Concept of Service and Fundamentals of Government Service, Service under Statutory Bodies and Industrial Service
44. Principles Governing Government Services and Appointment, Seniority, Pay, Termination, Wrongful Dismissal and Compensation, etc. Awarded Therein
45. Industrial Workers, Their Services, Termination and Damages alongwith Rules for Damages in Action for Work and Labour
46. Recruitment
47. Conditions of Service
48. Punishment
49. Termination of Service
50. Grounds of Dismissal
51. Lock - Out
52. Procedure for Disciplinary Action
53. Dismissal and Discharge During Dispute
54. Lay-off and Retrenchment
55. Closure and Compensation
56. Remedies
57. Loss of Confidence-Defence to Reinstatement
58. Back Wages and Compensation for Wrongful Dismissal Industrial Tribunals
59. Rules of Damages in Actions for Work and Labour
60. Employee and Employer Relationship-Statutory Provisions for Wages, Bonus and Gratuity under various Labour Laws and Statutory Provisions for Compensation Thereunder
61. Judicial Pronouncements in Cases of Wages and Compensation Arising under Welfare Legislations
62. Damages in Actions for Wrongs to Movable Property
63. Damages in Actions for Personal Torts
64. Damages for Infringement of Easements and Licences
65. Rules of Damages in Actions for Infringement of Copyright, Patents and Designs and Trade Marks
66. Statutory Liability and Rules of Damages in Actions for Breach of Statutory Duty
67. Compensation under Workmen's Compensation Act, 1923
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Author Details
Kameshwara Rao