Search Results Page
Search Results
1 - 9 of 9 (0.47 seconds)The Carriers Act, 1865
Section 6 in The Carriers Act, 1865 [Entire Act]
Section 9 in The Carriers Act, 1865 [Entire Act]
Economic Transport Organisation Delhi vs M/S Charan Spinning Mills (P) Ltd.& Anr on 17 February, 2010
plaintiff No.2 lodged a claim with the plaintiff No.1 to claim
the loss caused to the machinery in view of the policy of
insurance that was in force between the plaintiff No.1 and
the plaintiff No.2. The plaintiff No.1 for assessment of the
damages caused to the machinery, appointed a Surveyor
who conducted an extensive survey and determined the loss
at a sum of Rs.7,46,755/-. Thereupon, the plaintiff No.1
settled the same and obtained a letter of Subrogation by
which it stepped into the shoes of plaintiff No.2 to recover
the same from the defendant who was responsible for the
damage caused to the goods that was consigned. The
plaintiff No.1 as a subrogate-cum-assignee was entitled to
take advantage of the notice issued by plaintiff No.2 and
lodge a claim for recovery of the loss caused to the
machinery in question. Based upon such a letter of
Subrogation (Ex.P.19), proceedings were initiated to recover
the said sum of Rs.7,46,755/-. The right of the insurer to
proceed against the carrier to recover the damages is lucidly
elucidated in the judgment of the Hon'ble Apex Court in
ECONOMIC TRANSPORT ORGANIZATION VS. CHARAN
Section 64UM in The Insurance Act, 1938 [Entire Act]
Section 8 in The Carriage By Road Act, 2007 [Entire Act]
Section 69 in The Indian Contract Act, 1872 [Entire Act]
The Code of Civil Procedure, 1908
1