Case Note & Summary
The appellants, M/s. Fixophotos and its partners, filed a suit against the respondent, Nashik Merchants’ Co-operative Bank Ltd., for recovery of Rs.2,09,350/- for work done under a contract dated 25.7.1983 for printing 16,000 identity cards of the bank's members. The trial court decreed only Rs.20,337.62 in favor of the plaintiffs. Dissatisfied, the plaintiffs appealed. The High Court observed that the plaintiffs had not produced sufficient evidence to prove the actual value of work done or the loss suffered. The court noted that the work order specified a cost of Rs.11.25 per photograph (exclusive of sales tax), but the plaintiffs did not prove that they had taken photographs of all 16,000 members or that they had incurred expenses beyond the amount awarded. The court also noted that the plaintiffs had received some advances and had not accounted for them. Considering the circumstances, the High Court held that the plaintiffs were entitled to a total decree of Rs.50,000/- instead of Rs.20,337.62, and accordingly partly allowed the appeal.
Headnote
A) Contract Law - Breach of Contract - Quantum of Damages - Section 73 Indian Contract Act, 1872 - The plaintiffs claimed Rs.2,09,350/- for work done under a contract for printing 16,000 identity cards. The trial court granted only Rs.20,337.62. The High Court held that the plaintiffs failed to prove actual loss or the value of work done beyond the amount awarded, and thus the appeal was partly allowed by enhancing the decree to Rs.50,000/-. (Paras 1-10) B) Evidence - Burden of Proof - Quantum of Damages - The plaintiffs did not produce sufficient evidence to show the extent of work completed or the actual loss suffered. The court noted that the plaintiffs had not proved that they had taken photographs of all 16,000 members or that they had incurred expenses beyond the amount awarded. (Paras 5-9)
Issue of Consideration
Whether the plaintiffs are entitled to the full claimed amount of Rs.2,09,350/- for work done under a contract for printing identity cards, and whether the trial court correctly assessed damages at Rs.20,337.62.
Final Decision
The appeal is partly allowed. The decree of the trial court is modified, and the plaintiffs are entitled to a total decree of Rs.50,000/- instead of Rs.20,337.62. The respondent-bank is directed to pay the enhanced amount with interest at 6% per annum from the date of suit till realization.
Law Points
- Contract
- Damages
- Breach of Contract
- Quantum of Damages
- Burden of Proof
- Section 73 Indian Contract Act
- 1872
