Burdon of proof -- Rash and negligent driving by other vehicle – Defence of – Non-examination as witness – Effect of -- Adverse inference -- If the owner-cum-driver of the car were setting up a defence plea that the accident was a result of not his but the other vehicle driver’s carelessness or rashness, then the onus was on him to step into the witness box and explain as to how the accident had taken place -- Fact that he chose not to depose in support of what he has pleaded in his written statement, further suggests that he was himself at fault -- High Court, therefore, ought not to have shifted the burden of proof.

(SC) Decided on: 08.12.2020