wrong-doer stand
transferred to and vested in the insurer. The
equitable assignment of the rights and
28
O.S.No.7675/2017
remedies ... rights and remedies available to
the assured.
14. Subrogation, as an equitable
assignment, is inherent, incidental and
collateral to a contract of indemnity, which
occurs
held that;
" To attract the application of the
principle of equitable assignment of
decree, there must be an agreement to
transfer the decree ... agreements can be made out
under the concept of equitable assignment of a
25 Ex.Petition. No.15061/2006
decree, as has been made
appellant. Accordingly, the
appellant got the Mortgage assigned in his favour by a Deed of Assignment
of Mortgage dated 26.06.2003. When the said instrument ... person who executes the
instrument may constitute an equitable assignment of the
debt as a chose in action (Buck Vs Robson 1878 (3) QBD).
Section
Doctrine of Subrogation - Scope and
ambit of - Subrogation, as an equitable
assignment, is inherent, incidental and
collateral to a contract of indemnity, which
occurs automatically ... assured fully, by
reimbursing the entire loss, there will be no
equitable assignment of the claim enabling
insurer to stand in the shoes
Doctrine of Subrogation - Scope and
ambit of - Subrogation, as an equitable
assignment, is inherent, incidental and
collateral to a contract of indemnity, which
occurs automatically ... assured fully, by
reimbursing the entire loss, there will be no
equitable assignment of the claim enabling
insurer to stand in the shoes
Rajinder Kumar vs Hon'Ble High Court Of Himachal Pradesh on 7 January, 2020
paid to the plaintiff No.1.
That by registered Deed of Assignment of even date i.e. 10.8.2016
bearing registration No.6758 of 2016 executed ... tenancy, license, lease, lien, charge, encumbrance, mortgage, equitable
interest, prior assignment, conditional sales, contract, right of other person,
claim, security interest, beneficial interest, title defect
thing whatsoever by the Vendor or by any person/s
lawfully or equitably claiming by from through under or in
trust from him made done ... Vendor or his successors in Office administrators or
assigns or any person/s lawfully or equitably claiming or to
claim by from under
paid to the plaintiff No.1.
That by registered Deed of Assignment of even date i.e. 10.8.2016
bearing registration No.6758 of 2016 executed ... tenancy, license, lease, lien, charge, encumbrance, mortgage, equitable
interest, prior assignment, conditional sales, contract, right of other person,
claim, security interest, beneficial interest, title defect
thing whatsoever by the Vendor or by any person/s
lawfully or equitably claiming by from through under or in
Page 8 of 19
Downloaded ... Vendor or his successors in Office administrators or
assigns or any person/s lawfully or equitably claiming or to
claim by from under
