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february 2000

Supreme Court of India · 2000-02-01

OBERAI FORWARDING AGENCY vs NEW INDIA ASSURANCE CO.LTD.

Citation / case number
SC 1996/78981
Court
Supreme Court of India
Petitioner
OBERAI FORWARDING AGENCY
Respondent
NEW INDIA ASSURANCE CO.LTD.
Author
S.P.BHARUCHA,N.S.HEGDE,S.S.M.QUADRI
Bench
S.P.BHARUCHA,N.S.HEGDE,S.S.M.QUADRI

Judgment text excerpt

The Supreme Court addressed whether the first respondent insurance company was subrogated to the rights of the second respondent consignor or was an assignee under the Consumer Protection Act, 1986. The Court held that the insurance company, having settled the claim and obtained a Letter of Subrogation, was entitled to maintain a complaint as a consumer under the Act. The judgment affirmed the rights of the insurance company to pursue claims for loss of consignment, establishing that subrogation grants consumer status under the Act.

OBERAI FORWARDING AGENCY vs NEW INDIA ASSURANCE CO.LTD. · Niyam