Haryana Judicial Service (Civil Judge) Prelims 2013 Previous Year Question Papers with MCQ Answers

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35.

The stipulation that facts which enable the court to determine the amount of damages are relevant is incorporated in Section of Evidence Act.

A: 12
B: 10
C: 8
D: 11

The answer is: A

Explanation

The correct option is A: 12.

Section 12 of the Indian Evidence Act, 1872 states that "In suits for damages, facts tending to enable Court to determine amount are relevant". This means that any fact that can help the court to decide how much compensation should be awarded to the plaintiff is relevant in such cases.

For example, the income of the victim's family, the number of dependents, the medical expenses incurred after the accident, etc. are relevant facts under section 12.

This section is based on the principle of restitutio in integrum, which means restoring the injured party to the position they were in before the injury.

Section 12 helps the court to assess the actual loss or damage suffered by the plaintiff and award them adequate relief.