VIJAY KUMAR BHAVANIRAO KULKARNI Vs. KHADARABI

JUDGEMENT

(1.) Heard learned counsel for the parties. Leave granted.

(2.) By the impugned order, the High court arrived at a conclusion that the insurance company would not be liable on the ground that the deceased was a gratuitous passenger. For that purpose the court relied on the decision rendered by this court in Mallawwa v. Oriental Insurance co. Ltd. , 1999 ACJ 1 (SC). Learned counsel for the appellant rightly pointed out that the case of Mallawwa (supra) would not be applicable to the facts of the present case because the accident took place on 13/7/1996, i. e. , after coming into force of the Motor Vehicles Act, 1988. This question is decided by this court in New India assurance Co. Ltd. v. Satpal Singh, 2000 acj 1 (SC). Hence, the owner of the vehicle is entitled to reimbursement of the compensation amount deposited by him. We direct the insurance company to do so within eight weeks from today. The appeals are allowed accordingly. There will be no order as to costs.