MUNSHI LAL Vs. CHAIRMAN DELHI MILK SCHEME

JUDGEMENT

(1.) The appellant Munshi Lal was engaged as a transport contractor by the Delhi Milk Scheme for purposes of transporting empty milk cans and milk in cans at the rate of 50 paise per kilometer. This was for a period of two years commencing from 16th April, 1969. It was alleged that though the present appellant took up the work on 16th April, 1969 itself, he withdrew his vehicle without notice on 26th September, 1969, upon which the Delhi Milk Scheme had to make alternative arrangement incurring thereby a loss of Rs.40,688.40 paise. Besides that amount the Delhi Milk Scheme also took up the stand that the appellant was liable to pay Rs.2475.00 towards the cost price of fifteen milk cans, which he allegedly failed to return. In short thus a claim of Rs. 43,163.40 paise was made.

(2.) Consequent upon the dispute the matter was referred to the sole arbitration of Sh.R.K.Baweja who by his speaking Award dated 11th March, 1974 held the claimant to be entitled to Rs.15,940.00 by way of damages. However an adjustment of Rs.4311.80 was allowed and in short thus an award was made for a sum of Rs.11,628.20 paise.

(3.) Aggrieved by the Award Sh.Munshi Lal preferred objections which lead to the framing of the following issues: