DOLPHIN TRANSPORT SERVICE PVT LTD Vs. JAYASHREE INSULATORS

JUDGEMENT

(1.) The learned Counsel Counsel appearing for the opposite party submits with reference to the case of Oberai Forwarding Agency V/s. New India Assurance Co. Ltd. and Anr., 2001 1 CPJ 7=civil Appeal No.13387 of 1996 decided by the Supreme Court that since this is a case of assignment and not a case of subrogation, the Insurance Company cannot be regarded as a consumer and as such the complaint petition is incompetent. The learned Counsel appearing for the complainant fairly concedes that in view of the decision of the Hon'ble Supreme Court in the aforesaid case the complaint should be dismissed.

(2.) We have perused the decision of the Hon'ble Supreme Court. The Supreme Court had occasion to interpret the letter of subrogation and Special Power of Attorney. On such interpretation and construction of the document the Supreme Court came to the above conclusion that it is a clear case of assignment and not a case of subrogation.

(3.) We have examined the letter of subrogation and Special Power of Attorney and find that their terms and conditions are similar to these which were considered by the Hon'ble Supreme Court. Therefore, on the authority of the decision of the Supreme Court, the complaint petition is dismissed without cost.