SALMAN CAPITAL INVESTMENTS (PVT.) LIMITED vs HABIB BANK LIMITED 'General damages' and 'special damages' — 2026 CLD 292 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2026 CLD 292 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2026
Reporter: CLD
Parties: SALMAN CAPITAL INVESTMENTS (PVT.) LIMITED vs HABIB BANK LIMITED 'General damages' and 'special damages'

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

SALMAN CAPITAL INVESTMENTS (PVT.) LIMITED VS HABIB BANK LIMITED 'General damages' and 'special damages'---Distinction---Generally there are two types of damages: special damages and general damages---General damages are defined as immediate, direct, and approximate result of the wrong complained of---The law presumes general damages to flow from the negligence complained of---These damages have to be proved but it is not necessary to allege them in detail in the pleadings---The general damages are governed by the rule of thumb whereas special damages are required to be specifically pleaded and proved---General damages are those which the law implies even if not specially pleaded, which includes compensation for pain and suffering and the like, and if the injuries suffered are such as to lead to continuing or permanent disability, compensation for loss of earning power in the future---Special damages are explained as actual but not necessarily the result of injury complained of---Special damages mean some specific item of loss which the plaintiff alleges is the result of the defendant's negligence in the particular case, although the law does not presume it to flow from the negligence as a matter of course---Special damage consists of out-of-pocket expenses and loss of earnings incurred down to the date of trial and are generally capable of substantially exact pecuniary assessment----The basic principle so far as loss of earnings and out-of-pocket expenses is concerned is that the injured person should be placed in the same financial position, so far as can be done by an award of money, as he would have been had the accident, not happened---In simple words, the damages are intended to put a person in the same position as he would have been in, had he not received the injury.

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