D. G. Deshpande, J.

( 1 ) HEARD Mr. Hegde for the appellant-original claimant in this appeal arising out of the judgment of the motor Accidents Claims Tribunal, Satara and also Mr. Barve for respondents, i. e. , owner and insurance company.

( 2 ) THE accident that occurred in this case was very peculiar. A petrol tanker No. MXL 7461 was proceeding from Pune to bangalore by National Highway No. 4. The said tanker dashed against the rear portion of another truck which was coming from opposite direction. The petrol tanker turned turtle. Petrol started leaking from the tanker. Many villagers assembled to collect the petrol and suddenly explosion took place or the petrol caught fire as a result of which 46 persons died. All of them filed separate claim petitions and the present appellant was one of the petitioners before the M. A. C. T. , Satara. His claim petition came to be dismissed and hence he has filed this appeal.

( 3 ) THE claim was mainly against the insurance company and the owner of the petrol tanker. Claim was strongly opposed by both of them. The Tribunal therefore framed following issues: (1) Whether it is proved that the incident of giving dash to one truck by th