STATE OF H.P. Vs. ASHOK KUMAR THAKUR

JUDGEMENT

(1.) The present petition is directed against the award dtd. 11/9/2012 vide which the claim petition filed by the respondent (claimant before the learned Arbitrator) was partly allowed. (Parties shall hereinafter referred to in the same manner as they were arrayed before the learned Arbitrator for convenience).

(2.) Briefly stated, the facts giving rise to the present petition are that the work for improvement/up-gradation of NH-88 i.e., Shimla - Bilaspur - Hamirpur - Nadaun - Ranital -Kangra and termination near Bhawan National Highway-20, Km. 95/0 to 105/0 was awarded by the respondents to the claimant on 7/12/2001. The work was to be completed within six months from the 15th day of the issue of the work order. The parties entered into a standard form of contract. The total amount of the award was Rs.1,27,75,363.00. The claimant found that bitumen at 2.50 kg for applying a thick coat of 50 mm was not given in the schedule of quantity. He requested the respondents to approve it and consider it an extra item in view of road width and the frequency of the usage of the road, which would not allow semi-dense bituminous concrete (SDBC) to settle down. He told the Executive Engineer that the slushy portion of the road required treatment before execution of the work and asked the respondents to lay Kharanja Soling before laying bitumen and SDBC and include it as an item. The respondents failed to pay for the work resulting in the loss to the claimant. The road was full of undulation and the claimant asked for its rectification. He sent the final bill but the payment was not made. This led to the dispute between the parties and the matter was referred to the learned Arbitrator.

(3.) The claimant filed a statement of claim seeking payment of the final bill, payment towards correction of undulation in the road, correction of slushy portion by laying tack coat and application of another layer of bitumen, application of one layer between bitumen and SDBC, loss for late payment resulting into idle machinery, payment for prolongation of the work, interest and the cost.