JUDGMENT - C. MOOKERJEE, C.J.:---The appellant No. 1 at the relevant time was the owner of petrol tanker No. MXL 7461. The appellant No. 2 was the insurer of the said vehicle.

2. On 29th October, 1987, while the said petrol tanker No. MXL- 7461 was proceeding from Pune side towards Banglore along National Highway No. 4, at about 3 A.M. near village Kavathe there was a collision between the said petrol tanker and motor lorry No. MEH-4197 which was coming from the opposite direction. As a result of the said impact, the appellant No. 1's petrol tanker No. MXL -7461 fell on it left side and rested on the sloping portion at some distance away from the tarred portion of the Highway. The other vehicle, however, still stood on its four wheels at some distance from the point of impact. At about 7.30 a.m. on the same day there was an explosion followed by fire and the said petrol tanker No. MXL-7461 was burnt down. It was also in evidence that after the said collision, a large number of persons from the neighbouring village had arrived at the place of occurrence and some of them had begun to collect and take away petrol coming out of the same tanker which was resting on one of its sides. As

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