KARACHI ELECTRIC SUPPLY CORPORATION (KESC) vs BATOOL FATIMA Damages, recovery of — 2024 PLD 279 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 PLD 279 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: PLD
Parties: KARACHI ELECTRIC SUPPLY CORPORATION (KESC) vs BATOOL FATIMA Damages, recovery of
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

KARACHI ELECTRIC SUPPLY CORPORATION (KESC) VS BATOOL FATIMA Damages, recovery of---Expected profits and invisible losses---Proof---Respondent/plaintiff sought recovery of damages against appellant/defendant company for disconnecting electricity connection, resulting into loss suffered---Validity---Illusionary, arbitrary, presumptive claim for damages for loss of expected profits and invisible losses was made by respondent/plaintiff---No evidence of loss of reputation or mental anguish was provided at trial---Even if it was considered that the manufacturing unit's witness was not cross-examined, even then it did not appeal to a prudent mind that solely because the manufacturing unit's witness was not cross-examined, it would mean that unproved and unsubstantiated damages claimed could be granted---Claim made by manufacturing unit should have been backed by a record that would provide a benchmark for what was claimed but it was not---By awarding damages as claimed by respondent/plaintiff, Trial Court committed an error as the respondent/ plaintiff was entitled only to recover Rs. 42,078/- for being unable to meet orders which were in the pipeline when power supply was disconnected---There was no yardstick to measure mental anguish but keeping in view suspension of business, Division Bench of High Court awarded symbolic damages of Rs.100,000 for mental anguish and Rs. 100,000 for loss of reputation---Division Bench of High Court modified judgment and decree passed by Trial Court and disallowed remaining damages as claimed by respondent/ plaintiff---Intra Court Appeal was allowed accordingly.

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