SUPREME COURT OF INDIA

Before:- M.B. Shah and S.N. Phukan, JJ.

C.A. No. 5162-63 of 2001 (Arising out of S.L.P. (C) No. 19431 and 19432 of 2000. D/d. 7.8.2001.

Vijaya Kumar Bhavanirao Kulkarni - Petitioner

Versus

Khadarabi and Others - Respondents

For the Petitioner :- Shri P.R. Ramasesha, Advocate.

For the Respondents :- Shri Arun K. Sinha, Advocate.

Motor Insurance - Liability of Insurance Company - Reimbursement of Compensation - Gratuitous passenger - Accident took place after coming into force of M.V. Act, 1988 - Owner of vehicle held entitled to reimbursement of compensation deposited by him from the Insurance Company - 2001(1) S.C.C. 237, followed.

[Para 2]

Cases Referred :-

1. Smt. Mallawwa v. Oriental Insurance Com. Ltd., AIR 1999 Supreme Court 589.

2. New India Assurance Co. v. Satpal Singh, 2000 (1) S.C.C. 237 : 2000 (1) T.A.C. 403.

JUDGMENT

M.B. Shah and S.N. Phukan, JJ. - 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 a gratuitous passenger. For that purpose the Court relied on the decision rendered by this Court in Smt. Mallawwa etc. v. Oriental Insurance Com. Ltd. and others, AIR 1999 Supreme Court 589. Learned Counsel for the appellant rightly pointed out that the case of Smt. Mallawwa etc. (supra) would not be applicable to the facts of the present case because the accident took place on 13th July, 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. v. Satpal Singh and others, 2000 (1) S.C.C. 237 : 2000 (1) T.A.C. 403. 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.

Appeals allowed.