Question

PRINCIPLE: Damages are the money recompense, as far as money can do, for the violation of a right.
FACTS: A, an Indian citizen, having a right to vote, was not allowed to cast his vote on the polling booth, by the returning officer. Name of A was mentioned in the voter's list. A has also reported at the polling booth in time. However, the candidate in whose favour A would have cast his vote won the election. A filed a suit claiming damages.

• A. A will be entitled to damages
• B. A will be entitled to only nominal damages
• C. A will be entitled to exemplary damages
• D. None of these

Answer 1

The correct option is A A will be entitled to damages

Injuria sine damnum means injury of legal rights without damage. It basically states that infringement of an absolute private right without any actual loss or damage. Here, physical damages or actual loss means loss or damage in terms of health, money, etc. Therefore, plaintiff will compensated if his legal rights are violated even though there is no actual damage/loss is suffered.This maxim has been explained in the above mentioned case as Ms A's right was violated.