Abdul Hadi, J.:

The appellant in these two civil miscellaneous appeals is the Superintending Engineer, National Highways, Tirunelveli. C.M.ANo.261 of 1985 arises out of the O.P.No.89 of 1981 on the file of the Subordinate Judge, Srivilliputhur filed by the appellant for a decree in terms of the Award passed by the Arbitrator, who is the 2nd respondent the appeals. C.M.ANo.262 of 1985 arises out of O.P.No.108 of 1981 filed by respondent in both the appeals, to set aside the said Award in so far as it relates to 3 and 4 of the Award "A Common Judgment was passed in both the original petitions 22.10.1983.

2. The 1st respondent is the Highways contractor. As per the agreement between appellant and the 1st respondent, the appellant gave the 1st respondent contractor, work of laying approach road to the bridge in question. The said work consisted stages. One is collecting gravel on the said road side and the rate for doing the said was fixed at Rs.10.25 per cubic metre and the total gravel so collected admittedly 48,490 cubic metres. The second stage of the work is spreading the said gravel and it or compacting it on the said road @ Rs.16 per ton cubic metre. Regarding these