1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.491 OF 1997 The New India Assurance Co. Ltd & Anr. .. Plaintiffs versus M/s.Trade Transport Company .. Defendants Mr.S.V.Phadke for the plaintiffs. Mr.Vikas J. Patil, Deputy Manager of 1st plaintiff present. CORAM : A.S.OKA, J. DATE : 3rd December 2009. JUDGMENT: . Heard learned counsel appearing for the plaintiff. The suit is shown under the caption “Undefended suits for ex-parte decree”. 2. The 2nd plaintiff had entrusted to the defendant certain goods packed in 49 cartons for transporting the same from Udhana to Nagpur and from Udhana to Lucknow. The goods were to be transported by the defendant by a truck. According to the case of the plaintiffs, the said truck met with an accident. The defendant issued certificate dated 17th November 1995 confirming that the goods were damaged due to accident in road transit. The 2nd plaintiff issued communications to the defendant calling upon them to pay compensation. However, there was no response by the defendant. The goods were insured by the 2nd plaintiffs with the 1st plaintiffs. On the basis of the claim made by the 2nd plaintiffs, the 1st plaintiffs paid a sum of Rs. 2 56,142/- to the 2nd plaintiff. Against payment of the said amount, the 2nd plaintiffs executed a letter of subrogation in favour of the 1st plaintiffs. 3. As the amount of Rs.56,142/- was not paid by the defendant, the present suit has been filed for recovery of said amount together with interest at the rate of 18% per annum from the date of institution of the suit till realisation. 4. The plaintiffs have filed affidavit in lieu of examination in chief of one Vikas J. Patil, Deputy Manager of the 1st plaintiffs. None appears for the defendant and therefore the said witness has not been cross-examined. Alongwith a separate list, the plaintiffs have produced nine documents. The document at serial No.3 is the certificate dated 17th November 1995 issued by the defendant recording that the consignment booked by the 2nd plaintiffs under lorry receipt Nos.8011 and 8013 have been damaged due to an accident in road transit. The claim made by the plaintiffs has been duly proved by the affidavit and the said documents. The plaintiffs have established the liability of the defendant to pay a sum of Rs.56,142/-. The plaintiffs have claimed further interest at the rate of 18% per annum. Considering the facts and circumstances of the case, the interest deserves to be granted at 9% per annum. 5. Hence, I pass the following order: : O R D E R : (a) There will be a decree in terms of prayer clauses (a) and (b) in 3 favour of the 1st plaintiffs with modification that further interest will be payable at the rate of 9% per annum from the date of institution of the suit till realisation or payment. (b) The 1st plaintiffs will be entitled to refund of Court fees as per the rules. (A.S.OKA,J)