The maxim ‘res ipsa loquitur’ is resorted to when an accident is shown to have occurred and cause of accident is primarily within knowledge of Defendant. The cause of accident being unknown does not prevent Plaintiff from recovering damages, if proper inference to be drawn from circumstances which are known is: it was caused by negligence of Defendant [Shyam Sunder v. State of Rajasthan, (1974) 1 SCC 690].
Pushpabai Purshottam Udeshi v. Ranjit Ginning & Pressing Co. Pvt. Ltd., (1977) 2 SCC 745 held, where Plaintiff can prove accident but cannot prove how it happened to establish negligence on part of Defendant, such hardship is sought to be avoided by applying principle of ‘res ipsa loquitur’.
The said aspect of ‘res ipsa loquitur’ has also been commented upon by Court Commissioner and is not suffering from any infirmity.
– Hon’ble Justice Hemant Gupta, Sanjay Gupta v. State of Uttar Pradesh, [Writ Petition (Civil) No. 338 of 2006].