Law:

Section:

(a) Transfer of Property Act (IV of 1882), S. 135-A read with S. 130-A, Ss. 91, 92 and S. 6 (e)-Marine Insurance - Insurer having paid up loss to assured may sue tort feaser in his own name (per Cornelius, C. J., S. A. Rahman, Fazl-e-Akbar and Kaikaus, JJ; Hamoodur Rahman, J. contra) - "Subrogation" - Meaning­ English Law, change in. Per Cornelius, C. J., (S. A. Rahman, Fazl-e-Akbar and Kaikaus, JJ. concurring; Hamoodur Rahman, J. contra)---For the purpose of the law and practice of the English Courts, it was necessary to provide by statute for an equitable right of this kind to be converted into a legal right to enable the assignee to sue at common law in his own name. In Pakistan, such a complication does not have to be faced. The Courts of law are also Courts of equity, and a right in equity such as that possessed by an assignee who has made good a loss evaluated in terms of money would be deemed to include the right to sue in respect of the property which has been assigned to him. I say "property" because in the sense in which I regard such a claim as that in the present case it is no mere right to sue, but is an actionable claim. The present case falls under subsection (3) of section 135-A of the Transfer of Property Act squarely, for here the insurer, namely, the Queens land Insurance Co., has paid the assured for a loss, and has been thereupon subrogated to the rights and remedies of the assured person, to the extent that the insurer has indemnified him for his loss. In the sense in which I understand the incidents of subrogation, as explained above, there has been by subrogation, an acquisition by the insurer of the rights and remedies of the assured, and one of these rights certainly was to sue for the loss incurred by the assured. As has been seen, notwithstanding that the assured has been compensated for his loss, his right to recover that amount from the tort-feaser is, by operation of law, kept alive in favour of the party by which he has been indemnified, namely, the insurer. Section 130A enables transfer by assignment of a policy of marine insurance, and by subsection (4) declares that the rule that a mere right to sue cannot be transferred shall…

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