Report No. 185

Section 11

We differ from the recommendation made in the 69th Report and we recommend that the following Explanation be inserted after clause (2) and before illustrations in section 11:

"Explanation : Facts not otherwise relevant but which become relevant under this section need not necessarily be relevant under some other provision of this Act but the degree of their relevancy will depend upon the extent to which, in the opinion of the Court, they probabilise the facts in issue or relevant facts."

Section 12

We recommend that in the title and body of section 12, before the word 'damages', the words 'compensation or' are added before the word 'damages'.