https://www.taxtmi.com/caselaws?id=200555 A consumer who entrusted goods to a carrier remains entitled to claim compensation for loss even after indemnity from the insurer, and a letter of subrogation is not converted into a pure assignment merely because it uses incidental words of transfer. The insurer may proceed only through the assured, as attorney holder, or jointly with the assured; it cannot maintain the complaint solely in its own name. In claims against a carrier, the statutory presumption of negligence under the Carriers Act applies in consumer proceedings, shifting the burden to the carrier to rebut liability. Compensation was therefore available without independent direct proof of negligence because the presumption remained unrebutted. en-us Wed, 17 Feb 2010 00:00:00 +0530 Sat, 16 Dec 2023 10:43:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=200555 A consumer who entrusted goods to a carrier remains entitled to claim compensation for loss even after indemnity from the insurer, and a letter of subrogation is not converted into a pure assignment merely because it uses incidental words of transfer. The insurer may proceed only through the assured, as attorney holder, or jointly with the assured; it cannot maintain the complaint solely in its own name. In claims against a carrier, the statutory presumption of negligence under the Carriers Act applies in consumer proceedings, shifting the burden to the carrier to rebut liability. Compensation was therefore available without independent direct proof of negligence because the presumption remained unrebutted. Case-Laws Indian Laws Wed, 17 Feb 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=200555