CPC Tricky Q: Damages in Negligence - What's the Limit?
cpc general beginner pyq_discussionYeh sawal toh last year mein aaya tha, aur mujhe lagta hai yeh bahut tricky hai! Question aya, "A person X has been held liable for the death of Y under section 85 of the Indian Contract Act, 1872, for negligence. However, the court has decided that the damages will be paid to the legal representative of Y, but the amount of damages will not exceed half of the pecuniary benefit that Y would have got if he were alive. Can you answer what is the pecuniary benefit in this case?"
Correct approach hai, ki humein pehli baar section 85 kya karta hai, aur phir yeh pecuniary benefit kya hai.
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Bhai, yaar, CPC sikhna toh kabhi bhi mushkil hai! But let's get to the point. For damages in negligence, the Limitation Act applies, not CPC. Section 2 of Limitation Act 1963 specifies that the time limit for claiming damages for negligence is 3 years from the date of accrual of cause of action. Anyone agree or disagree?