TIOL-DDT 373 · Tuesday, 30 May 2006 · story 8 of 9

Res ipsa loquitur - "the thing speaks for itself"

The word is a legal term from Latin meaning literally, "The thing speaks for itself". Used in the context of claims which, do not have to be explained beyond the obvious facts. In International Airport Authority of India Vs Ashok Dhawan, Hon’ble Supreme Court applied the principle of Res ipsa loquitur. The case relates to compensation for the loss of goods while in custody of the Airport Authority. The court observed: There is no dispute that the lost container was landed and placed in the custody of the Authority and that it was untraceable while in its custody. It was therefore a case, to which the principle of res ipsa loquitur, applied. It was for the Authority to give some explanation about how the container became untraceable, whereon the first respondent could have been relegated to a suit. Since there was no explanation whatever, the plea of the Authority that the first respondent should be relegated to a suit was taken only to buy time and the High Court was justified in requiring the Authority to compensate the first respondent for the value of the lost container.