An unlit lorry parked on a highway attracts sole liability absent evidence of contributory negligence.

The claimants sought compensation under Section 166 of the Motor Vehicles Act for Yallappa’s death in a collision between his motorcycle and a lorry parked on a State Highway at night.

They alleged that the lorry was parked without indicators or parking lights.

The Tribunal awarded Rs.24,12,900 and held the insurer liable.

The insurer appealed, alleging contributory negligence by Yallappa and disputing his driving licence; it also raised the lorry driver’s alleged lack of an effective licence.

The High Court recorded that the Tribunal relied on the spot mahazar and sketch, and that the lorry driver had been charge-sheeted under Section 283 IPC for parking on the road without indicators or parking lights.

Whether the Tribunal was justified in fastening the entire liability on the insurance company, including rejecting the insurer’s plea of contributory negligence by the deceased.

Section 166 of the Motor Vehicles Act provides the basis for a claim for compensation arising from a motor-vehicle accident, while Section 173 provides for an appeal against the Tribunal’s award.

The Court relied on Section 122 of the Motor Vehicles Act in holding that a vehicle cannot be parked on a road in a manner that creates danger or obstruction.

It also noted the charge-sheet under Section 283 IPC concerning the lorry’s alleged parking without indicators or parking lights.

The judgment cites no precedent; its assessment of negligence rests on the evidence and circumstances of the accident.

The Court upheld the Tribunal’s finding that the lorry had been parked on the left portion of a State Highway at night without indicators or parking lights.

The spot mahazar and sketch supported that finding, and the lorry driver’s charge-sheet under Section 283 IPC was consistent with it.

In those circumstances, the Court rejected the contention that Yallappa had contributed to the accident merely because he struck the rear of the lorry.

It also rejected the insurer’s challenge to Yallappa’s licence because Ex.P16 showed that his driving licence was valid until 31 May 2031.

The Court found no basis to interfere with the compensation awarded by the Tribunal.

It affirmed the Tribunal’s award of Rs.24,12,900, directed that any amount deposited before the High Court be transmitted to the Tribunal, and ordered the trial-court records returned.