- (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:- "the stone slab roofing supported over the heavy Rule Section Joints over the assembly hall is found un-economical and the same has been replaced by A. C. Sheet roofing. Necessary provision for the steel trusses, covering sheets and also for the false ceiling has been made. The design of the steel trusses should be worked out properly, well before the execution of the item and get approved by the Executive engineer, owing to the subsequent change in the item of roofing of the assembly hall the thickness of the wall had also been reduced from 2' to 1 1/2' only and corrections in the item of masonry both in ground floor and first floor have been made. " The main hall of the school building had a dimension of 86' X 40' X 20'. Exhibit b/2 is the proposed roof truss.
(3.) THE contract provided, inter alia, by Clause 11: "the contractor shall execute the whole and every part of the work in the most substantial and satisfactory manner, and both as regards materials and otherwise in every respect in strict accordance with the specifications. The contractor shall also conform exactly, fully end faithfully to the designs, drawings and instructions in writing relating to the work signed by the Engineer-in-Charge. ";