Godihal Karibasavana Goud vs Nandanaram Veerabhadrappa

The suit, out of which this second appeal arises, was instituted for the recovery of damages sustained by the plaintiff in consequence of an

obstruction caused by the defendant of the plaintiff''s right of way to certain lands of the plaintiff. A decree had been previously obtained by the

plaintiff establishing his right of way but that decree was apparently under appeal at the time of the institution of this suit. The plaintiff claimed

damages sustained by him owing to his inability to cultivate his lands in 1905 in consequence of the obstruction. The defendant contended that the

plaintiffs could have gone to his fields by another route, that it was his own fault that he did not cultivate the lands and that therefore he could not

claim any damages at all. The District Munsif upheld his contention. He held that the plaintiff was guilty of contributory negligence and was

therefore not entitled to recover any damages. He found that there was another way to the plaintiff''s fields though it was less convenient than that

which the defendant obstructed and that the plaintiff did not act rightly in not sowing his fields.

On appeal, the subordinate Judge held that the other way which the plaintiff could have used was not one along which carts could pass during

the rains, that it was sandy that there were boulders here and there and that it was on the whole a hazardous route. To use his own words the

plaintiff was not bound ""to tempt his fate by attempting to get into his fields through that hazardous roundabout route."" He was of opinion that the

plaintiff was entitled to recover damages sustained by him by the lands lying waste. We may observe that the District Munsif found that the

plaintiff''s lands were really dry lands and that it was not necessary to pass to them during the rainy season. We cannot take the Subordinate Judge

to have found that it was not reasonably possible for the plaintiff to avail himself of the other route to pass to his lands. The subordinate Judge

awarded a sum of Rs. 177 as damages, for loss of crops. He did not give the plaintiff any damage for the injury sustained by him by the

interference with his right of easement on the ground that it affected the evidence of his right. The defendant, who has appealed from the decree of

the Subordinate Judge, contends that the damages have been assessed on a wrong principle and that the plaintiff is not entitled to damages for loss

of crops- It is argued that the plaintiff was bound to diminish the damages he might sustain by the obstruction of the way by doing all that he

reasonably could by finding another way to the lands he had to cultivate and he asks us to apply the same principle to the assessment of damages

in an action on tort as would ordinarily apply to an action for damages for breach of contract. He draws our attention to paragraph 203 of

Sedgwick on Damages. It is not necessary to discuss at any length in this case how far the principle that the plaintiff is bound to avoid the damages

caused by the defendant''s breach of contract would be applicable to actions on tort. But it cannot be denied, that, alike in actions on contract and

on tort, the damages which the plaintiff is entitled to must result directly from the wrongful act of the defendant and that no claim can be made to

damages, which are only remotely connected with it. This is in reality the basis of the rule that the plaintiff should avoid or diminish the damages as

far as he could. The learned author cited by the appellant, observes: "" It is frequently said that it is the duty of the plaintiff to reduce the damages as

far as possible. It is more correct to say that by consequence which the plaintiff, acting as prudent men ordinarily do, can avoid, he is not legally

damaged. Such consequences can hardly be the direct or natural consequence of the defendant''s wrong, since it is at the plaintiff''s option to suffer

them. They are really excluded from the recovery as remote. In, this view, the doctrine would rest on the intervention of the plaintiff''s will as an

independent cause. Ad hoc he is not damaged by the defendant''s act, but by his own negligence or indifference to consequences."" This principle

applied to actions on contract would really lead to the rule enunciated in somewhat different words that it is the duty of the plaintiff to reduce the

damages as far as possible; for a breach of contract consists in the defendant''s failure to do a certain act that he is bound to do. That failure by

itself would not result in damages, for it is quite open to the plaintiff, if he could, to obtain the result which he expected from the defendant''s

performance of the contract by other measures which an ordinarily prudent man would adopt. A tort, on the other hand, may consist in the

defendant''s failure to do an act which he is bound to do, or in doing one which he ought not to do or in preventing the plaintiff from doing an act

which he is entitled to do. Therefore, there may be differences in the application to actions on tort of the basic principle which is, no doubt,

common to both kinds of actions, viz., the damages should be the direct consequences of the wrong complained of. In this case, the defendant''s

wrong consisted in his preventing the plaintiff from doing something that he was entitled to do. The mere prevention does not directly lead to the

non-cultivation of the lands. The loss of produce was the result of the lands lying uncultivated. No doubt, the plaintiff might show that in

consequence of the wrong, it was not reasonably possible for him to cultivate. But unless he could show this, he could not claim the damages

resulting from non-cultivation. In the same work the learned author referring to the decided cases in support of his position says : ""So too, the loss

of crops is not the proximate result of the deprivation of an animal by which the owner intended to harvest the crops; consequently, in an action for

deprivation of the animal, no compensation can be recovered for the loss of the crop. So where through deprivation of the use of an agricultural

machine or through a defect in it, the owner loses his crops, such loss is too remote and he cannot recover compensation for it. And loss of crops

from loss of service of a servant or slave is too remote to be compensated in an action founded on the loss of service. It is, however, held that

where no other assistance can be procured the plaintiff may recover compensation for the loss. ""See paragraph 202. The true measure of damages

in such a case is laid down in paragraph 215 of the same work:--""The reasonable expenses of avoiding the consequences of the defendant''s

wrong are recoverable and when the plaintiff fails to take proper steps, he is limited in his recovery on this head to what the cost of such steps

would have been."" Among the illustrations given to the rule, the author mentions the case of the obstruction of a right of way. He observes: "" when

the defendant wrongfully refused to allow the plaintiff''s vessel to proceed through a certain channel, the only practicable means of reaching its post

of destination, it was held that the plaintiff might recover the expense of unloading the cargo by lighters. Where the defendant obstructed a river and

the plaintiff''s vessel grounded upon the obstruction, the expense of getting off from and over the obstruction may be recovered.

We must hold that what the plaintiff was really entitled to in this case was the extra cost which he would be put to for the cultivation of his land in

consequence of his right of way being obstructed and that the Subordinate Judge has assessed the damages on a wrong principle. At the same time

we agree with the learned Counsel for the respondent that the plaintiff would really be entitled to substantial damages for the interference with the

evidence of his right. See Section 33 of the Easements Act and Baij Nath Singh v. Tetai Chowdry 6 C.W. N. 197. The learned Vakil for the

appellant and the respondent''s counsel have been able to agree on an amount which may be regarded as the proper award on the principle

enunciated by us. We accept that amount and give the plaintiff a decree for Rs. 100 and costs on that amount in the second appeal. We do not

interfere with the order of the Lower Court as to costs.