Law:

Section:

(a) Fatal Accidents Act (XIII of 1855)-------S. 1---Death caused by rash and negligent driving---Claim for damages by dependents of deceased---Entitlement to claim damages---Liability to pay damages---Driver of the bus failed to prove contributory negligence on the part of deceased and also failed to prove through independent evidence that bus in question, was driven with all care and caution and there was no negligence on his part---Vehicle plying on a public road causing injury to any person could not be the act of God rather such act was negligence resulting into accident causing injury to affected person or persons---Negligence of person could not be attributed to God---No evidence was available on record to suggest that there was earthquake, storm, substantial damage to road or floods resulting into accident causing injuries and damage to the persons or property--­Deceased was admittedly run over by the bus in question, which was being driven by defendant on public road and such accident resulted into his death--­Facts and circumstances of accident brought on record were prima facie sufficient evidence from which inference of negligence could reasonably be drawn on the rule of res ipsa loquitur---Defendant had failed to rebut presumption of negligence---Death by rash and negligent driving on a public road by bus in question, driven by defendant (driver) was proved and defendants (driver and owner) were liable to pay compensation to dependents of deceased in circumstances. Gwalior and Northern India Transport Co. Ltd. and another v. Dinkar Durga Shankar Joshi and another AIR 1955 M.B. 214; S. Nagamani and another v. Corporation of Madras AIR 1956 Mad. 59; Municipal Corporation, Delhi v. Sobhag Wanti etc. AIR 1960 Punj. 300; AIR 1966 SC 1750; State of Punjab and another v. Mst. Champa Magat Ram AIR 1971 Punjab & Haryana 373 rel. . (b) Maxim--. ----"Res ipsa loquitur" (the thing speaks for itself)---Applicability---Maxim, "res ipsa loquiture", comes into play in cases where exact cause of accident was not known and res could speak for itself so as to throw the inference of, negligence upon the defendant---Facts and circumstances of accident might by…

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