“General damages” and “Special damages” – Distinction – General damages refer to special character, condition or circumstances which accrue from immediate, direct and approximate result of wrong complained of – however, special damages is defined as actual and not necessary result of injury complained of. Special damages follow as a natural and approximate consequences in a particular case by reason of special circumstances or condition – In an action for personal injuries, general damages are governed by the rule of thumb, while, special damages are required to be specifically pleaded and proved.
Special damages consist of out-of-pocket expenses and loss of earning incurred down to the date of trial and is generally capable of substantially correct calculation – General damages are those which law implies even if not specially pleaded, which includes compensation for pain & suffering and the like and of injuries are such as to lead to continuing or permanent disability, compensation for loss of earning power in future. Basic principle so far as loss of earnings and out of pocket expenses are concerned, as that injured person should be placed in the same financial position, so far as can be done by an award of money he would have, had the accident not happened.
- Damages with mark up & interest allowed.
Abdul Majeed Khan Vs. Tawseen Abdul Haleem
PLD 2012 S.C. 80