AIR 2016 SUPREME COURT 3145 ::2016 (5) ABR 808 ::2016 (5) ADR 66 ::(2016) 2 WLC(SC)CVL 378 ::(2016) 2 CLR 294 (SC) ::(2017) 1 CivLJ 1 ::2016 (11) SCC 348 ::(2016) 3 RecCivR 698 ::(2016) 6 Scale 139 ::(2016) 117 All LR 899 ::(2016) 4 Cal HN 12 ::(2016) 6 All WC 6348 ::(2016) 5 Mad LJ 529 ::(2016) 3 JCR 315 (SC) ::2016 (4) KCCR SN 400 (SC) ::(2016) 164 AllIndCas 82 (SC)

Supreme Court Of India

Hon'ble Judge(s): Abhay Manohar Sapre, Ashok Bhushan , JJ

Marine Insurance Act (11 of 1963) , S.17, S.52, S.79— Assignment of policy - Have no adverse effect on rights of insurer - Said rights continue to remain with insured by virtue of S. 17 - Loss caused to respondent, insured due to short delivery of goods - Respondent have locus to file complaint against insurer before Consumer Forum for recovery of compensation - Moreso, in view of letter of authorisation by consignee in favour of insured - S. 79 dealing with subrogation, not applicable. Consumer Protection Act (68 of 1986) , S.21, S.17— S. 17 of Marine Insurance Act in terms, recognizes and permits the insured to make assignment of their contract of insurance policy in favour of an assignee and at the same time allows the insured even after making @page-SC3146 an assignment to retain all those rights which are available to them under the contract of insurance with the Insurer (appellant). In other words, in terms of S.17, even after making an assignment by the insured of their contract of insurance policy, the rights of insured under the contract of insurance policy are not assigned in favour of assignee by the deed of assignment but they are continued to remain with the insured.(Para 25 26) Therefore, the respondent (insured) could not be said to have assigned t....