Question

PRINCIPLE: Whenever there is an invasion of a legal right, the person in whom the right is vested, is entitled to bring an action though he has suffered no actual loss or harm, and may recover damages (compensation).

FACTS: 'A' was qualified voter for the Lok Sabha election. However, a returning officer wrongfully refused to take A's vote. In spite of such wrongful refusal, the candidate, for whom, 'A' wanted to vote, won the election. But, 'A' brought an action for damages.

Which of the following derivations is CORRECT?

• A. Since no legal right of 'A' had been violated, therefore, as such, no compensation could be granted.
• B. Since legal right of 'A' had been violated, therefore, compensation should be granted.
• C. No compensation could be granted, as 'A' had suffered no loss as his candidate won the election.
• D. Since no fundamental right of 'A' had been violated, therefore, as such, no compensation.

Answer 1

Answer: (B)

Since legal right of 'A' had been violated, therefore, compensation should be granted.

Damages need to paid when legal right has been violated even without any actual damage.Such damages are called nominal damages.

In the above situation since A's legal right has been violated (even without any actual damage)compensation should be granted.