RANI CONSTRUCTIONS PVT LTD Vs. SHAIKH ABDUL KADAR

JUDGEMENT

(1.) THE defendant in S. C. S. No. 246/92/i has filed the present appeal against the Judgment/decree dated 6. 7. 1998 of the learned Addl. Civil Judge S. D. , Margao, by which the said defendant has been ordered to pay to the plaintiff a sum of Rs. 65,040/- by way of damages.

(2.) THE parties hereto shall be referred to in the names as they appear in the cause title of the suit.

(3.) THERE is no dispute that the plaintiff was the owner of Truck bearing No. GA-02-T-5727, which was engaged by the defendant. The defendant had obtained a contract for excavation of mud for the Konkan Railway Project at Veroda (Sarzora site ). The case of the plaintiff was that his truck was engaged at the said construction site on payment of Rs. 1400/- per day.