Indian Evidence Act Section 12:  In suits for damages, facts tending to enable Court to determine amount are relevant

In suits in which damages are claimed, any fact which will enable the Court to determine the amount of damages which ought to be awarded, is relevant.

Simplified Explanation

Section 12 of the Indian Evidence Act, 1872 addresses the relevance of facts in suits where damages are claimed. This section allows the court to consider any fact that can help in determining the amount of damages that should be awarded.

Text of Section 12:

“In suits in which damages are claimed, any fact which will enable the Court to determine the amount of damages which ought to be awarded is relevant.”

Explanation:

• Suits for Damages: When a party files a lawsuit seeking monetary compensation for harm or loss suffered, it is called a suit for damages. The court must decide not only whether the defendant is liable but also how much compensation (damages) the plaintiff should receive if the liability is established.
• Relevancy of Facts: Section 12 makes it clear that any fact which can help the court in calculating the appropriate amount of damages is relevant. This could include evidence of the extent of the injury, the loss suffered, the costs incurred, or any mitigating factors that might reduce the damages.
• Types of Facts: Facts that might be considered relevant under this section include:
  • The nature and extent of the injury or loss.
  • Medical bills, repair costs, or other expenses directly related to the harm.
  • Evidence of loss of income or future earning capacity.
  • Facts showing the standard of living, quality of life before and after the incident, or any other personal or financial impacts.
  • Factors that may mitigate or aggravate the damages, such as contributory negligence or pre-existing conditions.

Example:

Suppose a person, A, files a lawsuit against B for personal injuries sustained in a car accident caused by B’s negligence.

• Fact in Issue: Whether B is liable for the accident and should pay damages to A.
• Relevant Facts under Section 12:
  1. Medical Expenses: A provides evidence of medical bills totaling ₹500,000 for surgeries and rehabilitation related to the injuries. This fact is relevant because it helps the court determine the amount of damages for medical costs.
  2. Loss of Income: A was unable to work for six months due to the injuries and lost ₹300,000 in wages. This fact is relevant as it helps quantify the economic loss suffered by A.
  3. Long-term Impact: A’s doctor testifies that A has a permanent disability that will affect their ability to work in the future, possibly leading to reduced earning capacity. This fact is relevant because it can affect the calculation of future damages.
  4. Pre-existing Conditions: B’s lawyer introduces evidence that A had a pre-existing back condition, which contributed to the severity of the injury. This fact is relevant because it might reduce the amount of damages B is liable to pay.

Significance:

Section 12 is significant in lawsuits for damages because it ensures that the court has all the necessary information to make a fair and accurate determination of the compensation owed. By allowing the admission of any fact that can help calculate the damages, this section helps the court assess the full extent of the harm suffered and ensures that the awarded damages are appropriate to the circumstances. This leads to a more just outcome for both the plaintiff and the defendant.