STATE OF KERALA Vs. BOBY VARGHESE

JUDGEMENT

(1.) This appeal was filed by the State challenging a decree allowing the plaintiff to recover Rs.62,58,000.00 together with 6% interest from the State.

(2.) The plaintiff is a contractor and he was engaged by the Public Works Department (PWD) for dredging, cleaning and improving the boundary canal in West Cochin known as Rameswaram-Calwati Canal. The nature of work has been specifically mentioned in the agreement executed between the plaintiff and the Department. The plaintiff had a two-fold claim. One is based on the agreement and the other is based on the work undertaken on the alleged instruction of the Department and the local MLA. According to the plaintiff, though he was entitled for more than Rs.97,45,032.00 from the Department, he limited his claim to Rs.47.00Lakhs for the purpose of valuation and court fee. Besides the above claim, he also demanded the return of the retention amount of Rs.9.00 Lakhs and Rs.1.00 Lakh deposited towards security. The plaintiff also claimed damages to the tune of Rs.5.00 Lakhs from the Department.

(3.) The trial court allowed all other claims except the claim for damages. We are not able to discern from the trial court judgment as to how the trial court arrived at the calculation of the amount. At the appellate stage, the learned counsel for the appellant pointed out that a calculation statement was made based on measurements recorded in Ext.B2 series and that statement was given to the trial court Judge. A copy of the calculation statement was also made available before us for perusal.