IMMAMUDIN Vs. KHATOON

JUDGEMENT

(1.) THESE two appeals by the defendants arc directed against the judgment and decree of the Additional District Judge, Jalore dated 17th September, 1974 holding them jointly and severally liable to pay Rs. 70,200/-as compensation to the plaintiff for the death of her husband under the Fatal Accidents Act, 1855.

(2.) THE claim for compensation arises in this way: The State Government of rajasthan, defendant No. 1, had by a contract dated 1-8-1966 (Exhibit A/i), given the contract for construction of the Higher Secondary School, Jalore to the defendant No. 2 M/s. Dalley Khan and Sons, Jodhpur at 14 1/2% above the schedule of rates i. e. at an estimated cost of Rs. 1,05,788/ -. The defendant no. 2 had undertaken to construct the building in accordance with the specifications, designs, drawings and instructions in writing etc. The building was originally estimated to cost Rs. 2,31,000/-, but the plans were modified to reduce the cost to Rs. 2,03,500/- by replacing stone-slab roofing by Asbestos sheets, The Chief Engineer, P. W. D. (B and R), however, accorded administrative sanction for the expenditure of Rs. 1,60,000/ -. The Technical Note appended thereto reads as under:-

(3.) THE contract provided, inter alia, by Clause 11: