TMI Blog2001 (7) TMI 1173X X X X Extracts X X X X X X X X Extracts X X X X ..... ly subrogation. The main terms of the letter of subrogation in this case are identical to the letter of subrogation in Oberai Forwarding Agency’s case (2000 (2) TMI 791 - SUPREME COURT). On such terms, it has been held that it is an assignment. As it is assignment, the principles laid down in the above mentioned cases apply, and the complaint would not be maintainable. However, toclarify that it w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the second respondent. The first respondent lodged a claim with the second respondent for loss of goods. The second respondent settled the claim of first respondent by paying a sum of Rs. 9,30,188. The second respondent took a letter, which is termed as a letter of subrogation, and a special power of attorney . On the basis of this letter, the second respondent filed a complaint before the State ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... short landing of goods cannot be regarded as any beneficiary of any service within the meaning of the definition consumer . It has been held that such assignee cannot file a complaint under the Act, but can file a suit in a civil court for recovery of the loss. It has been held that the complaint by such assignee would not be maintainable. 7. In the case of Oberai Forwarding Agency v. New ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t an assignment. This Court has held that the assignee was not a beneficiary of the service and was not a consumer. It is held that a complaint by the insurance company was not maintainable. 8. Faced with this situation, Mr. Raina submitted that in both cases, i.e., New India Assurance Co. Ltd. s case ( supra ) and Oberai Forwarding Agency s case ( supra ), the decisions were based on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gency s case ( supra ). On such terms, it has been held that it is an assignment. As it is assignment, the principles laid down in the above mentioned cases apply, and the complaint would not be maintainable. We, however, clarify that it will be open for the insurance company to file a claim for recovery of the amounts in a civil court. 10. Accordingly, the appeal is allowed. There will, howe ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
