ANIL DEV SINGH ( 1 ) THE arbitrator rendered his award on May 15, 1992. The respondent filed objections to the same. Learned counsel appearing for the respondent submits that the award of the arbitrator in respect of Claim No. 1 does not disclose the calculations on the basis of which he has arrived at the conclusion that the petitioner was entitled to a sum of Rs. 18,981. 00. I have persued the reasons given by the arbitrator. As per award, the petitioner executed earth filing work to the extent of 4,424. 20 cubic metres though the petitioner claims that it had executed earth filling work only to the extent of 3,779. 90 cubic metres. The arbitrator has given following reasons for arriving at the above conclusions :- " (A) According to the claimant, the work was completed by May 84 and the quantity covered by the 4th RA Bill, paid in December 85 and accepted by the Claimant is only 3,779. 90 cum; (b) The quantity given by the Claimant in his letter dated 16-9-85 is 3,700 cum; this was corrected to 5,700 cum in his letter dated 11-11-85 and in the letter dated 18-3 -86 the quantity is given as 6,100 cum; (c) The basis given by the Claimant for the quantity of 6,100 cum is not convincing; no basis is given for 5,700 cum; (d) After his visit to the site on 7-1 -8 7, the Claimant wrote to the Respondent to finalise his bill no mention was made therein about taking levels; (e) The quantity of 4,24. 20 cum is based on the initial and final levels. " ( 2 ) AS is apparent from the above, the arbitrator has arrived at the aforesaid conclusion on the basis of the above said reasons. The reasons of the Arbitrator cannot be found fault with. The arbitrator after coming to the conclusion that the petitioner had done earth filling work to the tune of 4,424. 20 cubic metres, awarded a sum of Rs. 18,961. 00. Learned counsel for the respondent submits that the arbitrator has not explained as to how he has arrived at the above said figure of Rs. 18,961. 00.
The arbitrator after coming to the conclusion that the petitioner had done earth filling work to the tune of 4,424. 20 cubic metres, awarded a sum of Rs. 18,961. 00. Learned counsel for the respondent submits that the arbitrator has not explained as to how he has arrived at the above said figure of Rs. 18,961. 00. On the other hand, learned counsel for the petitioner submits that the arbitrator calculated this amount on the basis of schedule of Quantity incorporated in the agreement As per the schedule of quantity , the petitioner would be entitled to Rs. 13. 57 per cubic metres of earth filling. As per the contract, rate of 40% above the rate indicated in the schedule of Quantity is to be applied while calculating the amount due to the petitioner under the final bill. Applying the above rate the arbitrator ought to have awarded a sum of Rs. 12,241. 70. It appears that there has been a typographical error in mentioning the above said figure of Rs. 18,961. 00. accordingly, I modify the award under section 15 of the Arbitration Act and instead of Rs. 18,961. 00 I hold the petitioner to be entitled to a sum of Rs. 12,241. 70. ( 3 ) IN so far as the award of the arbitrator in respect of other claims is concerned , I do not any error apparent on the face of the award. ( 4 ) ACCORDINGLY , the award is made a rule of the court subject to the above modification and a decree in terms thereof is hereby passed. In case the respondent does not pay the decreatal amount within eight weeks, the petitioner will be entitled to interest at the rate of 14% per annum from the date of the decree till realisation.