Motor Vehicles Act, 1988–Sec. 166–Negligence of driver of offending vehicle–Establishment–Way of–Strict rules of pleading and evidence would not apply in a summary case–Production of eye-witness is not sine qua non– Other available evidence oral or documentary can be relied upon to prove the negligence of driver–On production of evidence by the claimant, probablising a case of rash and negligent driving leading to accident, the burden would shift on the driver / owner to prove that the accident was consequence of circumstances beyond control and knowledge of driver–on failure
to discharge the burden by the owner / driver, the principle of res ipsa liquitur would apply–Unless the driver appears in the witness box, the Insurer cannot contend that the accident was not the result of rash and negligent driving.
