New India Assurance
Co. Ltd. Vs. Mosomat Bhudhiya Devi & Ors.  INSC 321 (13 February
JURISDICTION CIVIL APPEAL NO. 1086 OF 2009 [Arising out of SLP(C) No.
14697/2006] NEW INDIA ASSURANCE CO. LTD. ... APPELLANT(S) :VERSUS:
Before us, the
depositions of the witnesses examined before the Motor Vehicle Accidents Claim
Tribunal have been produced. We have been taken through them.
Keeping in view the
evidences of PW-1 - the father of the deceased and PW-2 - wife of the deceased,
as well as the other evidences on record, we are satisfied that the deceased
was travelling in the truck in question along with his cows and buffaloes.
We are, therefore, of
the opinion that the judgment of the High Court need not be interfered with.
However, the rate of
interest at 12% per annum as awarded by the High Court, in our opinion, being
on the higher side, we, in modification of the said order, direct that the rate
of interest payable shall be at the rate of 9% per annum.
The appeal is
disposed of accordingly.
Pursuant to our order
dated 11.09.2006, the appellant has deposited the litigation costs in this
Registry which is allowed to be withdrawn by learned counsel for respondents
No.1 to 7.
(Dr. MUKUNDAKAM SHARMA)
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