KRISHNARAO BABURAO DERE Vs. SHIVAJI DNYANU PATIL

JUDGEMENT

(1.) THE question raised in this appeal is in respect of interpretation of the expression "arising out of the use of a motor vehicle" contained in section 92-A of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act ). This question is concluded by the Supreme Court by its judgment dated 17th July 1991 in Special Leave Petition (Civil) No. 14822 of 1990.

(2.) A few facts are as follows:---

(3.) ON October 29, 1987 at about 3 A. M. a collision took place between a petrol tanker bearing Registration No. MKL-7461 and a truck bearing Registration No. MEH-4197 on the National Highway No. 4 near village Kavathe, Taluka Wai, District Satara. The petrol tanker was proceedings from Pune to Bangalore and the truck was proceeding on the opposite side. As a result of the said collision, the petrol tanker went off the road and fell on its left side. As a result of the overturning of the petrol tanker, the petrol contained in it leaked out and collected nearby. At about 7-15 A. M. , an explosion took place in the said petrol tanker resulting in fire. At that time many persons had assembled near the petrol tanker. Due to the explosion and fire, 31 persons died and many suffered burn injures.