The maxim of Res Ispa Loquitur is explained in Ashish Kumar Mazumdar vs. Aishi Ram Batra Charitable Hospital Trust & Ors., where para-10 & 11 read as under:

“10. The maxim res ipsa loquitur in its classic form has been stated by Erlc, C.J. “...where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.”

The maxim applies to a case in which certain facts proved by the plaintiff, by itself, would call for an explanation from the defendant without the plaintiff having to allege and prove any specific act or omission of the defendant.

11. In Shyam Sunder vs. State of Rajasthan it has been explained that the principal function of the maxim is to prevent injustice which would result if the plaintiff was invariably required to prove the precise cause of the accident when the relevant facts are unknown to him but are within the knowledge of the defendant. It was also explained that the doctrine would apply to a situation when the mere happening of the accident is more consistent with the negligence of the defendant than with other causes.” [Para 16]