three types of subrogation [viz. (i) subrogation by equitable assignment; (ii) subrogation by contract;(iii) subrogation-cum-assignment], the insurer can sue the third party ... insurer as co-plaintiffs or co-complainants.
16. The equitable assignment of the rights and remedies of the assured in favour of the insurer, implied
payment to the plaintiff constitute equitable drawn by the first defendant and discounted with the plaintiff constitute equitable assignment and by the conduct
payment to the plaintiff constitute equitable drawn by the first defendant and discounted with the plaintiff constitute equitable assignment and by the conduct
held as follows:
? To attract the application of the principle of equitable assignment
of decree there must be an agreement to transfer the decree ... transferee as the
beneficial owner of the after-acquired decree. The equitable principle only
implements or effectuates the agreement of the parties. This equity does
held as follows:
? To attract the application of the principle of equitable assignment
of decree there must be an agreement to transfer the decree ... transferee as the
beneficial owner of the after-acquired decree. The equitable principle only
implements or effectuates the agreement of the parties. This equity does
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
party
stands transferred to and vested in the insurer and such equitable assignment
of rights and remedies of the insured in favour of the insurer ... party stands
transferred to and vested in the insurer and such equitable
assignment of rights and remedies of the insured in favour of
the insurer
party stands transferred to and vested in the insurer and such equitable assignment of rights and remedies of the of the insured in favour
reflection of the merit of the others. Life is not always equitable in assigning
accolades.
2 The relief which the petitioners seek is a writ
writ court not to interfere on equitable
consideration was also spurned by the learned Judge by assigning a reason with
which we cannot disagree
