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october 2013

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.

Dulcina Fernandes & Ors vs Joaquim Xavier Cruz & Anr · Niyam