Law:

Section:

(a) Fatal Accidents Act (XIII of 1855)--- ----S. 1---Suit for recovery of compensation amount---Fatal accident---Burden of proof---Maxim "Res Ipsa Loquitur"---Applicability---Scope---Damages, assessment of---Criteria---Initial burden to prove the circumstances of fatal accident which would identify the carelessness on the part of defendant (driver) lay on the plaintiff---Presumption of negligence in driving the vehicle would be against the driver once accident was admitted by him to have happened---No discrepancy, in the present case, was pointed out in the evidence of plaintiffs disentitling them to get the benefit of the decree which had already stood satisfied---Plaintiffs had supported the averments made in the plaint through their evidence---Occurrence of the incident had not been denied by the defendants in their written statement---Death of the deceased in the accident had not been denied by the defendants---Burden of proof in fatal accident cases would immediately shift from the plaintiff to the defendant where he had expounded his own version of accident---Occurrence of accident in which two persons had lost their lives had been admitted by the defendants in their written statement---Duty of the driver driving heavy vehicle had to be construed proportionately higher than the person who was either pedestrian walking on the road or a cyclist or motorcyclist going on his own side---Responsibility of the driver of the heavy vehicle to drive the vehicle with due care and diligence was heavier than the obligation of a cyclist or motorcyclist---Maxim "Res Ipsa Loquitur" was applicable in accident cases---When an accident had occurred and loss had suffered at the scene then same would bring out negligence of the defendant (driver)---Simple fact of accident causing loss of lives could be construed prima facie an evidence of negligence on the part of the defendant (driver) as against the pedestrian or a cyclist or motorcyclist---Plaintiff was to prove that death of the deceased had occurred due to an accident involving the vehicle which was being driven by the defendant---Nature and mode of the accident needed examination to determine that the accident had not…

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