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1967 Supreme(Mad) 390

M.ANANTANARAYANAN, M.NATESAN
Trustees of the Port of Madras – Appellant
Versus
Home Insurance – Respondent


Advocates:
V. V. Raghavan and N. Nagarajan, for Appellant; V. Thyagarajan for King and Partridge, for Respondent.

Judgement

ANANTANARAYANAN, C. J. :- I have had the advantage of reading the judgment just delivered by my learned brother. I entirely agree with him, not merely on the conclusion that the appeals ought to be allowed, but also on the grounds upon which that conclusion has to be based.

2. It may, hence, appear somewhat superfluous that I should write a separate judgment, however, condensed. But I am impelled to do so, for an important reason. It is possible to present the central argument that Mr. V. Thyagarajan has sought to put forward, in these appeals, as the horns of a dilemma. Presented in that form, the argument has the merit of great plausibility, at least on the first scrutiny. It is for this reason that I propose to tersely examine the links, in the logical chain of this argument, and to demonstrate that our conclusion follows as the correct one, even conceding the plausibility.

3. The process of reasoning is best expressed, I think, in the following form. Is there a suit known to law by an insurer, as in this case, who has, partially or wholly, reimbursed the assured on a contract of indemnity, or Marine Insurance, in respect of loss or injury to the goods, and who seeks to r






































































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