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Judgment
THE cases bearing No. 195/A/98, 196/A/98 and 238/A/98 have been listed for delivery of judgment today, since further clarification was considered necessary, the records are put up for hearing further in presence of learned Counsel for the parties.
THE cases bearing No. 94/A/98, 236/A/98, 208/A/98 and 425/A/99 and aforesaid cases are all taken up together for hearing because common questions of facts and law are involved in this case. The learned Counsels appearing for the appellant in all the cases submit with reference to case of Oberai Forwarding Agency v. New India Assurance Co. Ltd. & Anr., , I (2000) CPJ 7 (SC)=II (2000) SLT 86. in Civil Appeal No. 13387 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 before the Consumer Forum was incompetent. The learned Counsel appearing for the respondent fairly concedes that in view of the decision of the Hon''ble Supreme Court in the aforesaid case the appeal should be allowed and the complaint be dismissed.
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 clear conclusion that it is a clear case of assignment and not a case of subrogation.
WE have examined the letter of subrogation and Special Power of Attorney and find that their terms and conditions are similar to those which were considered by the Hon''ble Supreme Court. Therefore, on the authority of the decision of the Supreme Court, we allow the appeal and set aside the order of the Forum. The complaint is dismissed without cost. Appeal allowed.