Oral Judgment. :

1. The issue involved in this appeal is contributory negligence of 50% fixed on the driver of crane, which was insured with appellant/insurance company.

2. It is contention of learned counsel for the Appellant/Insurance Company that the crane which was parked on the left side of express way. The said crane was dashed by the offending car from backside. The accident occurred due to sole negligence of the driver of offending car but this fact is not considered by the tribunal and has fixed 50% contributory negligence on driver of offending car and 50% contributory negligence on driver of crane, which is erroneous. He relied on National Insurance Company Limited Vs. Chamundeswari & Ors.. C.A. @ SLP (c) No.4705 OF 2019 . Hence, requested to allow the Appeal.

3. It is contention of learned counsel for the Respondents/Claimants that the crane was parked on express way. No parking lights or indicators were put on after parking it on express way. There is prohibition to park any vehicle on the express way. In spite of that crane was parked on express way without any signal and parking lights. The driver of offending car was not aware that crane was parked on the express way h