16/05/1984

OF APPEAL (CIVIL, SUPERIOR)

SCHEMBRI CARMELO, HARDING HUGH, AGIUS CARMEL A.

JOSEPH FARRUGIA vs FRANCIS BARTOLO

N/A

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N/A

KOLLIZJONI TA' KAROZZI - QUANTUM TAL-DANNU

Il-Qorti kkwotat b'approvazzjoni mill-Gibb "Trial of Motor Car Accident cases": "if the plaintiff'scar is beyond repair, he need not repair it and he will be entitled to receive the difference between the value before and after the injury". L-attur appellat m'ghandux dritt li jgieghel lill-konvenut appellant li jacetta r-wreckage. Din tibqa' tieghu u jkollu d-dritt li jiddisponi minnha u b'danil-mod idahhal il-valur taghha bhala wreckage. "It is the duty of the plaintiff to take all reasonable steps to mitigate the loss he has sustained upon the wrongful act in respect of which he sues and he cannot claim as damages any sum which is due to his own neglect, but he is under no obligationto injure himself, his character, his business or his property to reduce the damages payable to thewrongdoer".