Question

Principle: Damages the money recompense, as far as money can do, for the loss suffered by a person.
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 favor 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 not be entitled to damages
• C. A will be entitled to only nominal damages
• D. A will be entitled to exemplary damages

Hint:

In legal matters, damages are awarded to compensate for actual loss, not for punitive reasons, unless stated otherwise.

Answer 1

The Correct Option is A

The principle indicates that when a person suffers a loss, they are entitled to receive compensation for that loss. In this case, A was denied the right to vote, which could have potentially affected the election results, and A’s right to vote was wrongfully obstructed. According to the principle of damages, A is entitled to financial compensation for the harm caused by this deprivation. Therefore, A is entitled to claim damages.
Thus, the correct answer is (A). A will be entitled to damages.
Option (B) is incorrect because A has experienced a loss, and damages are due. Option (C) is incorrect because A is not entitled to just nominal damages; he is entitled to the actual damages suffered. Option (D) is incorrect because exemplary damages, which are intended to punish, do not apply in this case.