Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Guest (Querist) 21 September 2009 This query is : Resolved 
A compound wall of Defendant collapsed due to heavy rain and fell into the stilt area of the Plaintiffs row house. Plaintiff has filed suit claiming that his entire row house is now required to be demolished and reconstructed and claiming reconstruction cost as the amount of damages. According to Defendant no damage is caused to Plaintiff's row house. Plaintiff has examined an Architect who has given the Cost of Reconstruction. He has not tendered evidence as to the extent of damage caused. Is an Architect competent to assess extent of damage? If not who is competent to assess the damage caused, if any? What should be the defense on behalf of the Defendant at the time of cross examining the Architect? If any expert can assist me, I would be very much obliged.riven
Sachin Bhatia (Expert) 21 September 2009
Court may take help from government approved Architect or Court may appoint an advocate as the local commissioner who will give his report on assessment of damage. Defense may be taken as "Act of God" event which is caused solely by the effect of nature or natural causes and without any interference by humans whatsoever.
Guest (Querist) 21 September 2009
I feel an architect is not competent to assess the damage of a structure, it would be a structural Engineer who would be competant. I assume I may be right because in this case Architect is silent about the damage. He has given evidence as to cost of reconstruction, but he is silent about the extent of damage. Kindly confirm whether my assumption is right.riven
Bhumik Dave (Expert) 22 September 2009
U can defence the case on the acts of god.riven
Sarvesh Kumar Sharma Advocate (Expert) 22 September 2009
menon sir,
res ipsa loquitur(act of god)applied.riven
Raj Kumar Makkad (Expert) 22 September 2009
The evidence of the Architect is confined only up to the cost of reconstruction but how his evidence comes into role when the plaintiff do not establishes the extent of damages done. Who so ever asserts must prove. it is the plaintiff who has to prove his case and defendant has to rebut it as per circumstances. Defendant cannot be exonerated only by saying the act of God. Definitely he has to compensate what to what extent?????? it wholly depends upon the reliable evidence to be brought by both sides and verdict of the court.riven

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