Law: Transfer of Property Act (IV of 1882)

Section: 135-A(2), (3)

Law: Carriage of Goods by Sea Act (XXV1 of 1925)

Section: 8

(a) Transfer of Property Act (IV of 1882) S. 135-A(2) & (3)-Marine Insurance Policy, assignments of rights under-Insurers claiming short delivery of a specific number of bales Case one of total loss in respect of such goods-Application of sub section (2) of S. 135-A attracted. Section 135-A of the Transfer of Property Act, 1882, deals with assign ment of rights under a policy of marine insurance. Subsection (1) of the said section entitles the assignee of a Policy of Marine Insurance to sue thereon in his own name. Subsections (2) and (3) of the said section deal with subro gation and provide that on the insurer paying for loss or damage to the goods insured under a marine insurance policy, he is subrogated to all rights and remedies of the insured person and is entitled to take over interest of the insured person in respect of whatever may remain of the subject-matter so paid for. While subsection (2) deals with cases where there has been either a total loss of the whole of the goods or consignment, or of a part of an apportion able part of the goods, subsection (3) is limited to cases where there is a partial loss of the insured goods or consignment. In the instant case, since the claim of the appellants is that 15 bales of cotton were short-deli vered, there is a total loss in respect of those goods. The case would thus .appear to attract the application of subsection (2) of section 135-A of the Transfer of Property Act, for there was a total loss of a part of the consign ment of an apportionable part of the goods. East & West Steamship Company v. Queensland Insurance Company PLD 1963 S C 663 ref. (b) Transfer of Property Act (IV of 1882) S. 135-A, (1) (2) & (3)-Facts to be established by insurer in order to be entitled to interests or rights of insured : Value of goods lost or damaged, wholly or partially-Payment of total loss, in cases falling under subsection (2)-Actual payment to original consignee in cases falling under subsection (3). In order that an insurer should be entitled under subsection (2) of the Transfer of Property Act to the interest of the insured person in the subject -matter insured or under subsection (3) of the said section…