YADU SAMBHAJI MORE Vs. SHIVAJI DAYANU PATIL

JUDGEMENT

(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 the petrol tanker MXL 7461, took place at about 3 a. m. on 29.10. 1987 (2) Whether it is proved that applicant, who went near the scene of accident, sustained injuries at about 7 a. m. due to explosion and fire to petrol tanker MXL 7461 (3) Whether sustaining of injuries was arising out of use of the petrol tanker and was the result of negligence on the part of the petrol tanker driver (4) Whether the Claims Tribunal under motor Vehicles Act, has no jurisdiction to try and entertain the claim petition (5) Whether the applicant was entitled to claim compensation