1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.3222 OF 1997 Gharda Chemicals Ltd. & Anr. ...Plaintiffs. Vs. Surat Goods Transport Services. ...Defendant. .... Mr.Vinayak Sawant i/b. Mr.N.K. Kamat for the Plaintiffs. None for the Defendant. ..... CORAM : DR.D.Y.CHANDRACHUD, J. July 20, 2009. P.C. The suit has been instituted for the recovery of a sum of Rs. 3,52,953/- together with interest. 2. The First Plaintiff purchased a quantity of 12 metric tons of Carbon Tetra Chloride from M/s.Chemicals and Plastics India Ltd. of a value of Rs.3,51,312/-. The consignment was entrusted to the Defendant for carriage from Mettur to Lote Parshuram. The Defendant issued a Lorry Receipt dated 27th July 1994. The 2 consignment was insured by the First Plaintiff with the Second Plaintiff against transit risks. The Defendant reported to the Plaintiffs that the tanker carrying the consignment met with an accident near Bangalore on 29th July 1994. The Plaintiffs appointed a Surveyor to conduct a survey on the site of the accident on 30th July 1994. The Surveyor in his report dated 10th August 1994 reported a loss of 11,500 Kgs. of the consignment. The Defendant in turn issued a loss certificate dated 23rd January 1995. Thereupon, the First Plaintiff lodged a claim on 12th January 1995 with the Defendant. The suit has accordingly been filed for recovery. 3. The First Plaintiff lodged a claim upon the Second Plaintiff which was paid in the sum of Rs.3,52,953/-. The First Plaintiff issued a letter of subrogation to the Second Plaintiff on 4th May 1995. 4. The Defendant has been served with the writ of summons and an affidavit of service has been filed. The Defendant has failed to enter appearance. As a consequence, averments which are contained 3 in the Plaint have gone unchallenged. The Plaintiffs have relied upon an affidavit of evidence of a competent officer of the Second Plaintiff and a compilation of the original documents. From the evidence on record, the Plaintiffs prove the entrustment of the cargo to the Defendant, the damage to the cargo in transit and the loss which has been occasioned as a consequence. The suit shall accordingly stand decreed in terms of prayer clause (a) with the modification that the Plaintiffs will be entitled to interest at the rate of 9% p.a. on the principal sum from the date of the suit until payment or realization. ......