1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2265 OF 2000 United India Insurance Co. Ltd. & anr. .... Plaintiffs. V/s Broadways India Roadways Corporation .... Defendant. Mr. Vinayak B. Sawant i/b N.K. Kamat for plaintiffs. None for defendant. CORAM: V.M. KANADE, J. DATE : 14 th September, 2009 P.C.: 1. Heard Counsel appearing on behalf of plaintiffs. None appears on behalf of defendants though they are served. 2. Plaintiffs have filed affidavit of service dated 17/12/2008. In spite of service of writ of summons, defendants have not filed their Written Statement. 3. Plaintiff No.1 are a Company incorporated and registered under the provisions of Companies Act and they are 2 carrying on business as Insurers. The second plaintiffs are also a Company registered under the Companies Act and carrying on business in medicines. Defendant is carrying on business as Public Road Carrier throughout India. Plaintiff No.2 were having Branch at Hyderabad, and Bangalore and in the course of business they were transferring their stock of medicines from Hyderabad to Bangalore. The two consignments of medicines were properly packed in 944 cartons and entrusted to defendant for carriage from Hyderabad to Bangalore for which defendant had issued two consignment notes bearing No.56697 & 56698 both dated 26.5.1997. These notes were received by plaintiffs in the regular course of business. The second plaintiffs are holders and/or endorsees for value of the transport document relating to the said consignment and are accordingly entitled to all the rights and remedies available thereunder including the right to sue thereon and the right to take delivery. The said consignment was insured by second plaintiffs with first plaintiffs by Insurance Policy bearing No.513/96. 4. When the said consignment was being transported to Bangalore, the truck which was carrying these goods met with an accident and, after the survey was made, a report was submitted by Surveyor in which he estimated the loss of Rs 3 1,19,535/- in his report dated 2/6/1997. The defendant confirmed the loss and issued a certificate of facts dated 20/6/1997. 5. Plaintiffs lodged a claim with defendant for loss and damage caused to them by their letter dated 3.6.1997. Defendant, however, did not pay the said amount to plaintiffs. The first plaintiffs accordingly in view of policy between first plaintiff and second plaintiff, paid to second plaintiff total amount of Rs 1,23,887/- for the loss caused in respect of the said consignment arising under the aforesaid policy of insurance. The letter of subrogation was given by plaintiff No.2 in favour of plaintiff No.1 dated 20.4.1999 and all rights therefore have been assigned to plaintiff No.1. Upon payment of Rs 1,23,887.00 made by plaintiff No.1 to plaintiff No.2, plaintiff No.2 issued a voucher dated 5/8/1998. 6. No appearance has been filed by defendant within 10 days from the date of service of writ of summons on defendant. Plaintiff No.1 has filed an affidavit in lieu of evidence and the original documents. 7. Plaintiff No.1 is therefore entitled to judgment and 4 decree in view of the provisions of Order VIII Rule 10 of the Civil Procedure Code. 8. Suit is accordingly decreed, as prayed. Defendant is ordered and decreed to pay to Plaintiff No.1 a sum of Rs 1,23,887/- as per particulars of claim at Exhibit-D to the plaint with interest thereon @ 18% per annum from the date of suit till payment or realization with costs of the suit. (V.M. KANADE, J.)