Special damages are defined as the actual but not necessarily the result of the injury complained of. While awarding special damages, it is to be kept in mind that the person claiming special damages has to prove each item of loss with reference to the evidence brought on record. This may also include out-of-pocket expenses and loss of earnings incurred down to the date of trial, and is generally capable of substantially exact calculation.
General damages normally pertain to mental torture and agony sustained through derogatory/defamatory statements. Since there is no yardstick to gauge such damages in monetary terms, therefore, while assessing damages on account of such inconvenience, the Courts apply a rule of thumb by exercising its inherent jurisdiction for granting general damages on a case to case basis.
It is important to note that once it is determined that a person has suffered mental shock and injury and is entitled to compensation on account of such defamatory statement, then the other important and more difficult question which arises is to weigh the quantum of damages for such loss caused to him by such wrongful act. The burden in such situation, like in all cases, is on the shoulder of the plaintiff to prove the magnitude of such suffering. But again since such suffering could not be converted or gauged in monetary terms and, therefore, the Court has to apply rule of thumb. The other aspect which needs to be kept in mind by the Courts while awarding general damages on account of mental torture/nervous shock is that damages for such suffering are purely compensatory to vindicate the honour or esteem of the sufferer, therefore such damage should not be exemplary or punitive as the sufferer should not be allowed to make profit of his reputation.
Even in case where the defendants are declared ex parte, though the Courts are empowered to pass ex parte decree, but such discretionary power must be exercised judicially. In cases where the defendants are declared ex parte, Courts are not supposed to only pass ex parte decree in favour of the plaintiff by assessing his claim in toto, but are saddled with the duty to examine the worth/credence of each piece/item of plaintiff’s claim before accepting or rejecting it.
Civil Petition No.2580 of 2020
Munawar Ahmed Chief Editor Daily Sama and another. Versus Muhammad Ashraf and others
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