Rakesh Kumar Garg, J.:-This is defendants’ second appeal challenging the judgment and decrees of the courts below whereby suit of the plaintiff-respondent for recovery of Rs. 1,13,100/- along with pendente lite interest at the rate of 12 % per annum and future interest at the rate of 6 % per annum on the principal amount till the realization of the decretal amount was decreed against the appellant.

2. The case of the plaintiff as stated in the plaint was that defendant respondent No.2 had purchased some goods for their factory from defendant-respondent No.3 and got the service of defendant No.1 for transportation of goods vide consignment note dated 16.9.2002. The goods were loaded in truck No. RJ-13-G-1118 with an understanding and obligation that goods would be delivered at premises of defendant-respondent No.2. The goods were got insured by defendant-respondent no.2 with the plaintiff-respondent No.1. The loaded goods reached defendant No.2’s premises on 20.9.1992. It came to the notice of defendant No.2 that the goods had been damaged during transit due to negligence of appellant and its agents. As a result of this, defendant-respondent No.2 claimed the loss of Rs. 87,8