'Res Ipsa Loquitor Applicable': HP High Court Says Truck Driver's Negligence Established In Fatal Accident As Truck Fell Into Gorge

The Himachal Pradesh High Court has modified the sentence of a truck driver involved in a fatal accident. The Court held that as the truck plunged off the road, and mechanical inspection showed no fault, the accident itself indicated negligence.Further, the Court noted that as the postmortem report confirmed death due to crush injuries from a road accident, negligence was clearly established.Relying on the Supreme Court Judgement in “Syed Akbar versus State of Karnataka, 1980 which held that where the facts of the case are such that the accident could not have been caused except for the negligence of the accused, the principle of res ipsa loquitor can be applied.”Justice Rakesh Kainthla remarked that: “Therefore, it was duly established that the vehicle had left the road and fallen into the gorge. It was rightly submitted on behalf of the State that the vehicles do not usually leave the road and fall into a gorge. Therefore, a principle of res ipsa locutor can be applied to the present case.”Rejecting the contention of the accused, the Court remarked that: “Any person putting the stone under the rear tyre cannot be crushed beneath the truck because the vehicle would move forward and not backward”Background Facts:The case arose when a truck transporting apples fell 200–250 feet into a gorge, which resulted in the death of the conductor. However, the driver who is the appellant survived but sustained several injuries. The driver was sentenced by the trial court to 6 months for offences of driving the vehicle under the influence, which led to death. Aggrieved, the driver filed an appeal before the high court, contending that there was no evidence of rash driving or negligence. It further contended that the defence of the accused that the deceased got out of the vehicle to put the stone under the rear tyre of the vehicle was highly probable, which was rejected by the Trial Court. The Court observed that, according to the laboratory report, there was only 21.68 mg% of alcohol, which was below the legal limit of 30 mg% under the Motor Vehicles Act. Thus, the Court remarked that “It is impermissible to hold that a person having less than 30 mg% alcohol can be punished.”Case Name: Dilbag Singh v/s State of H.P. Case No.: Cr. Appeal No.228 of 2024Date of Decision: 10.11.2025For the Petitioner: Mr.Karan Kapoor, AdvocateFor the Respondent: Mr. Jitender Kumar Sharma, Additional Advocate GeneralClick Here To Read/Download Order

'Res Ipsa Loquitor Applicable': HP High Court Says Truck Driver's Negligence Established In Fatal Accident As Truck Fell Into Gorge

Mehak Aggarwal

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