Supreme Court of India · 2013-10-08
Dulcina Fernandes & Ors vs Joaquim Xavier Cruz & Anr
- Citation / case number
- AIR 2014 SUPREME COURT 58
- Court
- Supreme Court of India
- Petitioner
- Dulcina Fernandes & Ors
- Respondent
- Joaquim Xavier Cruz & Anr
- Author
- Ranjan Gogoi
- Bench
- Ranjan Gogoi, P. Sathasivam
Judgment text excerpt
The Supreme Court upheld the decision of the lower courts, affirming that the claimants were not entitled to compensation under Section 166 of the Motor Vehicles Act, 1988 due to lack of credible evidence. The court noted that the absence of the pillion rider as a witness led to an adverse inference against the claimants, and the testimonies of the witnesses presented were found unreliable. The court concluded that the deceased was negligent, contributing to the accident, and thus the claim was dismissed.