1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.920 OF 2003 M/s.National Insurance Company Ltd & Anr. .. Plaintiffs versus M/s.Elbee Services Ltd. .. Defendants Ms.Uma Kabra i/by Narichania & Narichania for the plaintiffs. None for the defendants. CORAM : A.S.OKA, J. DATE : 12th November 2009. JUDGMENT: . The suit is shown under the caption “Undefended suits for ex- parte decree”. The present suit is filed by the plaintiff for recovery of sum of Rs.60,45,963/- with interest thereon at the rate of 18% per annum from the date of filing of the suit till realisation of the decretal amount. 2. In the year 1994 under the agreement dated 14th June 1994 the 2nd plaintiffs appointed the defendants for transportation of its documents and material from Noida to other places. The case of the plaintiffs is that on 31st July 1998 the 2nd plaintiffs entrusted to the 2 defendants 41 packages containing computer hardware/software worth Rs.04,36,97,896/-. The consignment was entrusted to the defendants to the defendants for transportation and delivery to the State Bank of India, Worli, Mumbai. The case of the plaintiffs is that the defendants accepted the consignment and issued a way-bill. The suit consignment was delivered to the State Bank of India, Worli, Mumbai on 21st September 1998. The case of the 2nd plaintiffs is that one package out of 41 packages was completely damaged and the said package was of the main unit in the consignment. On 22nd September 1998 the 2nd plaintiffs by notice claimed a sum of Rs.1.35 crores from the defendants on account of damage caused to the consignment. The consignment was insured with the 1st plaintiffs. The 1st plaintiffs appointed a surveyor for assessing the damage. The surveyor assessed the loss at Rs.60,58,231/- on the basis of the replacement cost of the damaged main unit. When the report of the surveyor alongwith the certificate was forwarded to the defendants, they came out with the case that the consignment was transported solely at the risk of the 2nd plaintiffs. The 2nd plaintiffs lodged their claim with the 1st plaintiffs on the basis of policy of insurance. The 1st plaintiffs paid a sum of Rs.60,45,963/- to the 2nd plaintiffs against which a letter of subrogation dated 18th September 2001 was issued by the 2nd plaintiffs in favour of the 1st plaintiffs thereby subrogating 3 their rights in respect of damage caused in favour of the 1st plaintiffs. A notice of demand was issued by the 1st plaintiffs to the defendants. As there was no compliance with the said notice, present suit has been filed. 3. The learned counsel appearing for the plaintiffs has tendered on record an affidavit of documents of one Mr.G.D.Talekar, an authorised signatory of the 1st plaintiff as well as an affidavit in lieu of examination in chief of the same officer who is stated to be Assistant Manager of the 1st plaintiffs. The various documents have been placed on record alongwith a separate list. 4. Perusal of the affidavits and the documents show that the fact that suit consignment was delivered to the defendants has been established. The original survey report of the surveyors is also placed on record which quantifies the loss of Rs.60,58,231/-. The original letter of subrogation issued by the 2nd plaintiffs in favour of the 1st plaintiffs is placed on record. The averments made in the plaint and the statements made in affidavit in lieu of examination in chief as regards the negligence on the part of the defendants and the quantification of the loss have gone unchallenged. Apart from that, the same has been proved by production of report of valuer. Therefore, the claim for principal amount has been established by the 4 plaintiffs. They have prayed for further interest at the rate of 18% per annum. Considering the facts and circumstances of the case, further interest deserves to be granted at the rate of 8% per annum. 5. Hence, I pass the following order: : O R D E R : (a) There will be a decree in favour of the 1st plaintiff against the defendants in terms of prayer clauses (a) and (c) with modification that interest at the rate of 8% per annum will be payable from the date of filing of the suit till realisation of the decretal amount. (b) The plaintiffs will be entitled to refund of court fees as per the rules. (A.S.OKA,J)