In Brief
The State of Haryana challenged an arbitrator's award of Rs. 1,51,95,400 to a road maintenance contractor, claiming it exceeded the claim of Rs. 1,03,50,263 and that the arbitrator rewrite the contract by awarding Rs. 45,000 per km per month instead of Rs. 1,000 per km per month. The Court held the contractor's claim statement was explicitly provisional, so the award did not exceed the claim. The arbitrator properly compensated for additional maintenance costs caused by unforeseen traffic diversion continuing until January 2008. However, the Court found the arbitrator erred in awarding compensation beyond January 2008 when the traffic diversion ceased. The appeals were partly allowed, setting aside awards from February 2008 to May 2010.
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