issued in its favour a power of attorney
and a letter of subrogation, and thereafter filed the subject suit for recovery
against the appellant/defendant ... proved as Ex.PW1/7. The
letter of subrogation and the power of attorney in favour of the respondent
No.1/plaintiff
claim, the respondent no.2/plaintiff no.2
executed a letter of subrogation dated 23.8.2004 in favour of the
RSA No.82/2017 Page ... respondent no.2/plaintiff no.2 and taken the letter of
subrogation dated 23.8.2004 in its favour.
3. The appellant/defendant contested the suit
recover the suit amount from the defendant on
the basis of the subrogation deed Ex.P-7, which
was executed by the plaintiff ... carrier, in its own name on the basis of deed
of subrogation, as it has been held
thereafter on the basis of power of attorney and
letter of subrogation, filed the subject suit for recovery of `3,76,203/-.
3. The appellant ... further proved that a
detailed Power of Attorney and a Letter of Subrogation
Ex.PW1/13, 1/14 were executed by defendant
owner/respondent No.2/defendant no.2. Essentially, the insurance
company subrogated itself to the rights of the owner/respondent
No.2/defendant ... amount to the owner/respondent No.2 and obtained the letter of
subrogation and power of attorney from the respondent No.2 and then filed
receiving the amount under the insurance policy, a letter
of subrogation was issued by the respondent no.2/plaintiff no.2 in favour ... insurance company indemnified the loss to plaintiff no.2 and
under subrogation of rights, the claim was assigned in their favour.
The insurance company
suit filed by the respondent nos. 1
and 2/plaintiffs thereby subrogating the respondent nos. 1 and
2/plaintiffs in place of the creditor/respondent ... defendant
nos. 1 and 2/Vijaya Bank, and consequently on account of subrogation
the respondent nos. 1 and 2/plaintiffs being given the benefit
amount of ` 2,99,237/- to the
insured, the respondent/plaintiff was subrogated to the rights of the insured
and the insured executed a letter ... subrogation dated 29.10.1997 in favour
of the respondent/plaintiff. The subject suit therefore came to be filed
against the appellant/defendant.
3. The appellant/defendant
owner of the goods/defendant no.2
and thereafter being subrogated filed the subject suit.
4. Learned counsel for the appellant/defendant no.1 argued ... will have jurisdiction to
decide disputes among the parties -
Subsequently letter of subrogation and
Power of Attorney granted in favour of
insurer at place
respondent no. 2 and consequently obtained an assignment deed-cum-
subrogation bond on the basis of which the subject suit came to be filed
