22 Sep 2026 12:59 PM

Motor Accident Claim -- Parked Vehicle Hit From Behind -- No negligence attributable to a vehicle parked on the roadside when the colliding vehicle had sufficient time to exercise due care

Motor Vehicles Act, 1988, S.166 -- Motor Accident Claim -- Parked Vehicle Hit From Behind -- No negligence or contributory negligence can be attributed to a vehicle parked on the side of a highway where the colliding vehicle, which hit it from behind, had sufficient time and opportunity to exercise due care and caution to avoid the collision. Where the driver of the colliding vehicle could have avoided the accident by exercising ordinary care despite an oncoming vehicle with high beam lights, liability rests on him alone.

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