JARAO KAUR Vs. MANGTOO RAM AND ORS.

JUDGEMENT

(1.) The maxim res ipsa loquitur is provided a classic illustration of its application in the manner in which the accident here occurred - - all of a sudden a Haryana Roadways bus HRG -292 while proceeding towards Delhi turned to its left, went off the road and hit into the outer wall of the house of the claimant Smt. Jarao Kaur resulting in the claimant, who was lying on a cot inside, being buried under the debris thereof.

(2.) As is now well settled, the law recognizes that there are cases where considerable hardship may befall the victim of an accident by the rigid application of the rule that it is for such victim to prove negligence. This is where the principle of res ipsa loquitur comes in - - the thing speaks for itself. This maxim applies where it is so improbable that such an accident could have happened except by negligence. In other words, where the accident by its very nature is such that negligence stands spelt out by the mere occurrence of it in that manner.

(3.) Buses do not normally go off the road and hit into the walls of houses except by negligence. The maxim res ipsa loquitur thus stands attracted to the present case and consequently the burden of proving negligence which rested upon the claimant stood discharged by mere proof of the accident. The accident having been admitted by the bus driver the burden got shifted on to him to disprove negligence.