Examining the Adequacy of Exemplary Damages in India: A Comparative Study
Volume III, Issue III, 2020
This research paper focuses on evaluating the criteria based on which quantum of exemplary damages are awarded in India. It traces the history and evolution of exemplary damages determining the cases and expanding the scope of how it is awarded. Beginning with the basic reason to award such damages and answering the ongoing debate pertaining to exemplary damages in torts. Further through a comparative study between India and the Foreign Countries. This paper traces through case laws the standards or criteria that are evaluated before awarding such damages.
The second part of the paper talks about examining the criteria that have been applied in Indian courts. It talks about the cases where courts have awarded damages without considering any such criteria based upon the discretion of the bench. Through the research done and critically analysing the situation, this research paper passes on recommendations that would help to decide the right quantum of damages that are to be awarded in different circumstances.