Contributory negligence -- Offending truck was parked in the middle or the road without putting on the back lights, reflectors, indicators or some kind of obstruction to show presence of the truck on the road – In heavy fog, the visibility is zero even at 9.30 a.m. -- It is not the case that the deceased was driving in a high speed because of which when he tried to apply brakes he could not control his vehicle and hit into the truck -- Driver of the offending truck did not dare to appear in the witness box to make atleast a self serving statement -- It cannot be said that the deceased was driving the car without reasonable care and caution -- It was solely the negligence of driver of the offending truck who had left the same in the middle of the road without any indication that the accident occurred.

(P&H HC) Decided on: 27.05.2016

Accident with stationary vehicle – Onus of proof -- Liability of Insurance company -- In the stationary vehicle parked in any public place a duly licensed driver should be in the driver seat, unless the mechanism of the vehicle has been stopped and brakes have been applied – Onus is always upon the Insurance Company to establish the violation of the terms and conditions of the insurance policy – So, it was for the Insurance Company to establish that the mechanism of the vehicle was operating though it was stationary when the accident took place, but no such evidence has been adduced by the Insurance Company -- Insurance Company liable to pay the amount of compensation.

(P&H HC) Decided on: 27.04.2016