when the deceased was travelling in his toyota qualis vehicle bearing Reg.No.TN 67 S 5000 in Peraiyur – Usilampatti road, it dashed against the Tractor bearing Reg.No.TN 27 X 1873 belonging to the fifth respondent, which was recklessly parked without any parking light, due to which, he sustained severe injuries and succumbed to the injuries. The accident occurred only due to the parking of the Tractor belonging to the fifth respondent without any parking lamp. Admittedly, both the vehicles are insured by the same insurance company, namely, the appellant insurance company. Even though FIR was registered against the car driver and he got acquittal in the criminal case, it is the duty of this Court to consider the evidence adduced before this Court. In this case, P.W.1 travelled in the said car at the time of the accident. She clearly deposed that the tractor was parked without any parking lamp and also the said tractor was parked without any parking barricade. Therefore, the car dashed against the tractor. To disbelieve the said evidence, no contra evidence was adduced on the side of the appellant insurance company. The Hon'ble Supreme Court in the following cases has held that the 7/11
