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SUPREME COURT
*A. M. Ahmadi, C. J. I., S. C. Agrawal, Mrs. Sujata V. Manohar, JJ.
Appellant Company – Appellant
Versus
M/s. New India Assurance Company Ltd. – Respondent
| Table of Content |
|---|
| 1. overview of car purchase and initial insurance policy. (Para 1) |
| 2. existence of liability without a transferred insurance policy. (Para 2) |
| 3. comparison of old and new acts on insurance policy transfer. (Para 3 , 4 , 5) |
| 4. emphasis on mandatory third-party insurance coverage. (Para 6 , 10) |
| 5. conclusion on the adequacy of insurance protection for the appellant. (Para 8 , 9 , 11) |
1 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 15-6-1989. On 26-6-1989, the appellant intimated the transfer of registration and asked for transfer of the insurance policy. A reminder was sent on 24-7-1989. The respondent did not reply to the two letters. On 17-9-1989 the car met with a serious accident in which the Managing Director of the appellant suffered serious injuries and his sister died. On 11-10-1989 the appellant asked for the assessment of the damages as the ca
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