SIVAPRAKASAM Vs. ALTERNATIVE ENERGY INDUSTRIES PVT LTD

JUDGEMENT

(1.) The appellant is the owner of a tractor and trailer. There was an understanding between the appellant and the respondent for transport of materials. The appellant agreed to the use of the tractor and trailer under certain conditions. The contract period was from 1.2.1984 to 31.1.1985. The security deposit of Rs.500 was paid by the respondent. It was also a condition that the tractor and trailer should be used for a minimum period of 250 days per year for which he would be paid on daily basis. It was also agreed that if there is any shortfall in the fixed number of 250 days per year, the respondent should pay a sum of Rs.100/- per day as a compensation for the unutilised days. The respondent used the vehicle only for 82 days and for 160 days it remain idle and therefore the appellant claimed Rs.16,800/-. The appellant relied on clause 8 of the agreement of Ex.A1 which reads as follows:

(2.) In fact the main defence of the respondent was that it was not possible for the respondent to use the vehicle because the labourers were on strike; there was a bundh, there was rainfall and circumstances beyond the control of the respondent.

(3.) The Trial Court held that whatever may be the circumstances which prevented the respondent from using the vehicle for the contracted period of 250 days per year, the respondent was bound to pay to the appellant a sum of Rs.100/- per day for those days when the vehicle remain unutilised.