Mr. Prakash effected insurance on his goods against loss or damage by fire. Mr. Prakash and his wife quarrelled and the excited wife set fire and destroyed the goods. Can Mr. Prakash recover under the policy? If yes, can

Principle of Subrogation: Subrogation is an equitable doctrine now assumed statutory recognition, 'Subrogation' comes from Roman law which means substitution. In insurance law subrogation is the name given to the right of the insurer who has paid a loss to be put in the place of the assured so that he can take advantage of any means available to the assured to extinguish or diminish the loss for which the insurer has indemnified the assured. Subrogation means substitution of one person for another. The doctrine of subrogation confers upon the insurer the right to receive the benefit of such rights and remedies as the assured has against third parties in regard to the loss to the extent that the insurer has indemnified the loss and made it good. Mr. Prakash can recover the loss amount under the policy as his wife had set fire to the goods without his approval. But the insurer cannot sue the wife under the principle of subrogation, because there can be no subrogation of those rights which the insured himself does not have. In this case, the Mr. Prakash (husband) himself cannot sue his wife for her act.