dispute that the offending vehicle – the lorry was parked on Tumakuru-Bengaluru NH 4 road. It is significant to note that the accident occurred at about 7.30 p.m., by then, the visibility of the road would be poor, more particularly during the rain. It is the contention of the claimants that the accident occurred due to the sole negligence of the driver of the offending vehicle parked, since no precautionary measures were taken for parking the lorry on the highway, i.e., with no parking lights and proper indicators. But, the insurer has not placed any convincing evidence to show that the offending vehicle was parked with proper indicators. In all probabilities, the deceased was in a hurry to reach the hospital where his mother was admitted cannot be ruled out. Though the magnitude of negligence on the part of the driver of the offending vehicle - lorry is on the higher side, there is some contributory negligence on the part of the deceased also. No doubt, the charge sheet was filed against the driver of the parked vehicle, that alone would not be the
