A consignment insured for transit was damaged. The insurer settled the claim with the insured, took from the insured a letter of subrogation-cum-special power of attorney, and filed a complaint in the name before the Consumer Forum. It was held that the insurer could file a complaint in the name of the insured as his power of attorney holder of insured, or jointly with the insured under the subrogation. It did not matter whether the subrogation was based in common law not put in writing, or was evidenced by an instrument or letter. In which of the following cases it was upheld:

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The Indian Contract Act of 1872 is a legal framework that regulates contracts in India and is applicable to all states except Jammu & Kashmir. It was first published on April 25, 1872, and has 266 sections. The act is based on English Common Law and has been amended several times to keep up with changing economic conditions.  The act defines a contract as an agreement that is enforceable by law. It also defines an agreement as every promise and every set of promises that form the consideration for each other. A valid contract is formed when certain essential elements are present,... Show more

A consignment insured for transit was damaged. The insurer settled the claim with the insured, took from the insured a letter of subrogation-cum-special power of attorney, and filed a complaint in the name before the Consumer Forum. It was held that the insurer could file a complaint in the name of the insured as his power of attorney holder of insured, or jointly with the insured under the subrogation. It did not matter whether the subrogation was based in common law not put in writing, or was evidenced by an instrument or letter. In which of the following cases it was upheld:






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