1999 (2) TMI 718

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....as the insured) purchased certain machinery from M/s Praga Tools Ltd. under the two invoices dated 31-3-1979 for their unit at Rae Bareli. The said consignment was insured with the Plaintiff-Respondent. The carrier of goods was the Defendant-Appellant. It appears that the consignment reached the destination in a badly damaged condition. Under such circumstances, the insured put up a claim for dama....

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....ore, the insured being not a party to the suit, the same was not maintainable. Consequently, the suit was dismissed. The appeal filed by the Plaintiff-Respondent before the High Court of Karnataka was allowed and the suit was decreed. The High Court was of the view that Exhibit P-9 in fact was a deed of assignment and not a deed of subrogation. 3. Learned Counsel appearing for the Appellant rei....