Tort–Compensation–Damage to trees because of overflow of water from dam due to heavy rain–Report of commissioner revealing that 1500 fruit trees were uprooted and washed away–Suit for compensation–Dismissed by High Court–Respondents were under liability to keep care in maintaining the proper level of water in dam–Principle of strict liability is applicable–Onus was on respondents to prove that this was unavoidable accident which could not be passibly be prevented by the exercise of ordinary care, caution and skill–They failed to discharge their burden–Though appellants claimed compensation of Rs. 21,50,000/- yet best evidence to prove the damage could not be produced by them–Held, amount of Rs. five lakh would meet the ends of justice.
