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october 2013

Supreme Court of India · 2013-10-08

DULCINA FERNANDES vs JOAQUIM XAVIER CRUZ

Citation / case number
SC 2009/5706
Court
Supreme Court of India
Petitioner
DULCINA FERNANDES
Respondent
JOAQUIM XAVIER CRUZ
Author
RANJAN GOGOI
Bench
RANJAN GOGOI P SATHASIVAM

Judgment text excerpt

The Supreme Court upheld the decision of the High Court affirming the Motor Accident Claims Tribunal's ruling that denied compensation to the claimants under Section 166 of the Motor Vehicles Act, 1988. The Tribunal found that the claimants failed to provide crucial evidence, specifically the testimony of the pillion rider, which led to an adverse inference against them. The Court emphasized the importance of credible eyewitness accounts in establishing negligence, ultimately concluding that the claimants were not entitled to compensation due to insufficient evidence of the respondent's fault.

DULCINA FERNANDES vs JOAQUIM XAVIER CRUZ · Niyam