Topic

Subrogation

3 articlesLatest 3 weeks ago
Carriers Act 1865, Section 7 | Absolute Liability for Transit Damage + Automatic Subrogation Valid Without Formal Assignment : Kerala HC
Case Law Analysis
|Kerala High Court

Carriers Act 1865, Section 7 | Absolute Liability for Transit Damage + Automatic Subrogation Valid Without Formal Assignment : Kerala HC

The Kerala High Court affirmed that common carriers are absolutely liable for goods damage during transit under Section 7 of the Carriers Act 1865, and that insurers automatically acquire subrogation rights upon indemnifying the consignor -无需 formal subrogation letters. This clarifies a critical procedural shortcut for insurance claims in logistics disputes, reducing litigation barriers for carriers and insurers alike.