JUDGMENT

Aftab Alam, J. —

1. This is an appeal under Article 133 of the Constitution of India read with Order XV Rule 1 of the Supreme Court Rules,1966 on a certificate granted by the Bombay High Court under Article 134A(b) of the Constitution. The appellant is the insurance company and it seeks to assail the judgment and order passed by the High Court in an appeal from a motor accident claim case. In order to properly appreciate the issue in regard to which the High Court has granted the certificate to appeal, it would be useful to take note of some basic facts of the case.

2. In the early hours of October 29, 1987 a petrol tanker bearing registration no.MXL7461, was proceeding on National Highway 4, coming from the Pune side and going towards Bangalore. As it reached near village Kavathe, in the district of Satara, Maharashtra, a truck, bearing registration no.MEH4197, laden with onions, was coming from the opposite direction. At the point where the two vehicles crossed each other, there was a pile of rubble on the left side of the road. As the two vehicles crossed each other, the rear right side of the petrol tanker was hit by the rear left side of the truck. As a result of the