PADINJAREKARA BROTHERS Vs. STATE OF KERALA

JUDGEMENT

(1.) The plaintiff in a suit for recovery of money is the appellant. The plaintiff is a contractor who was awarded with the work for reconstruction of a bridge, viz., Thottukadavu Bridge at Thattarambalam - Thrikkunnapuzha road. On 25.01.1988, an agreement was executed between the parties regarding the same. The construction was completed to the satisfaction of the defendants. Grievance of the plaintiff is that the materials were to be transported via Thattarambalam - Thrikkunnapuzha road through Thattarambalam - Nagiyarkulangara, to Thottukadavu Bridge through the Karthikappally Bridge, that at the time of submission of the tender though the plaintiff was aware that the Karthikappally Bridge was also proposed to be reconstructed, it was also known that on such demolition, a deviation road would be provided. The tender was submitted on the belief that the conveyance could be through the proposed deviation road on demolition of the Karthikappally Bridge. However, on demolition of the said Karthikappally Bridge, the deviation road was not formed. Consequent thereto, the plaintiff had to bank upon another route for conveyance which was a circuitous road. The suit is filed claiming extra conveyance charges incurred and also for the amount covered by the final bill.

(2.) The claim of the plaintiff for the amounts covered by the final will was decreed in his favour. But the claim on the ground of extra conveyance charges was rejected. Challenging the said portion of the decree, this appeal is filed.

(3.) Heard the learned counsel for the appellant and the learned Government Pleader.