Page 293 - Motor Insurance Ebook IC 72

Guide for Motor Insurance

b. Funeral expenses.
c. General damages for the pain and suffering up to

the date of death
d. Damages for loss of expectation of life.
e. Damages under the Fatal Accidents Act.

Q 13. How will you prove the "Negligence?" State the
legal maxim applicable to proof of negligence.

Ans: The mere fact that an accident has occurred is not
considered at law as prima facie evidence of negligence.
It is for the claimant to prove that there has been
negligence. However, there are two exceptions to this
principle:
1. Res Ipsa Loquitur: This legal maxim means that
the "things speaks for itself." For example, if motor
car mounts the pavement and causes bodily injuries
to pedestrians walking on the foot path, then the
circumstances indicate that there has been prima
facie negligence and the claimants need not prove
negligence in such cases.

In fact onus of proof shifts from the claimant to the
driver to prove that he was not negligent.

The presence of the vehicle on the footpath is
considered to be more consistent with negligence
than with the exercise of reasonable are and the

Sashi Publications - www.sashipublications.com 293

Copyright@ The Insurance Times. 09883398055 / 09883380339