IN THE SUPREME COURT OF INDIA CIVIL  APPELLATE JURISDICTION

CIVIL  APPEAL  NO. 1086    OF 2009

[Arising out of SLP(C) No. 14697/2006]

NEW INDIA ASSURANCE CO. LTD.  ... APPELLANT(S)

:VERSUS:

MOSOMAT BHUDHIYA DEVI AND ORS. ... RESPONDENT(S)

O R D E R

Leave granted.

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.

-2-

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litigation costs in this Registry which is allowed to be withdrawn by learned counsel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.

..........................J (S.B. SINHA)

..........................J   (Dr. MUKUNDAKAM SHARMA)    NEW DELHI, FEBRUARY 13, 2009.