State of
Karnataka3, to contend that even if the principle of res-ipsa-
loquitor is to be made applicable, the primary requirement of
law that ... within the control
of the accused, then only the principle of res-ipsa-loquitor
could be made applicable and not otherwise. In the present
case
Appellate
Court took note of the principle of res-ipsa-loquitor and applied
the same and also observed that though there is no eye-witness ... witness and
wrongly convicted the petitioner applying the principle of res-
ipsa-loquitor. There is no material before the Court that accident
was on account
went-off the road and hit a road-side tree. Res ipsa loquitor. The contention against the correctness of the finding as to the negligence
facts speak for themselves and consequently applied the doctrine of res ipsa loquitor and
awarded compensation quantified at Rs. 40,000/- plus
negligent He also contended that invoking of doctrine of Res ipsa loquitor by the Courts below is erroneous. On these among other grounds ... view that the Courts below have rightly invoked the doctrine of Res Ipsa Loquitor which is found applicable by the Apex Court as long back
shape of affidavit or otherwise. The order should be res ipsa
loquitor ( Mohinder Singh Gill v. Chief Election Commr. ,
(1978) 1 SCC 405, para
well-
Date of Order: 09.03.2017 in WP No.63075-78/2010(L-RES)
M/s. Kirloskar Ferrous Industries Ltd. Vs. K. Shivramappa & Others ... apparent insofar as it did not apply the
principles of res ipsa loquitor which was relevant for
the purpose of this case and, thus, failed
evidence of
negligence and to such a case the Doctrine of res ipsa
loquitor apply which means the things speak for itself.
The aforesaid rule
some distance from spot of accident.
Therefore applying principle of res ipsa loquitor,
tribunal found that accident was caused only on
account of rash
evidence of negligence and to such a
case the Doctrine of res ipsa loquitor apply which means the
things speak for itself. The aforesaid rule
