Indian Kanoon - Search engine for Indian Law

Their Lordships held that the doctrine of 'res ipsa loquitur' applies in the circumstances of the case. The facts were that a Clock Tower was exclusively under the ownership and control of the appellant (Municipal Corporation) or its servants. The Clock Tower collapsed causing loss of life. The accident had happened due to unforeseen circumstances inasmuch as there was fall of the Clock Tower. It was held that the Corporation was guilty of negligence because of the potential danger of the Clock Tower maintained by it having not been subjected to a careful and systematic inspection which it was the duty of the Corporation to carry out. There is an obligation on the owner of adjoining premises for the safety of the structures which he keeps besides the highway.