A.M. Ahmadi, C.J.—A Maruti Car with registration No. CHK-9253 was purchased in the name of Mrs. Archana Wadhwa for which the respondent, M/s. New India Assurance Company Ltd., had issued a comprehensive insurance policy. The premium for the insurance was paid by the appellant-Company in whose favour the car was transferred. The registration of the car was transferred to the appellant on 15.6.89. On 26.6.89 the appellant intimated the transfer of registration and asked for transfer of the insurance policy. A reminder was sent on 24.7.89. The respondent did not reply to the two letters. On 17.9.89 the car met with a serious accident in which the Managing Director of the appellant suffered serious injuries and his sister died. On 11.10.89 the appellant asked for the assessment of the damage as the car was a total loss. The

Old Act

103-A : Transfer of Certificate of Insurance

(1) Where a person in whose favour the certificate of insurance has been issued in accordance with the provisions of this Chapter proposes to transfer to another person the ownership of the motor vehicle in respect of which such insurance was taken together with the policy of insurance respondent did not respon