Supreme Court · 2013 INSC 695 · Decided 8 October 2013
Dulcina Fernandes & ORS. v. Joaquim Xavier Cruz & ANR.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 695 · [2013] 10 S.C.R. 480
- Case number
- CIVIL APPEAL No. 9094/2013
- Decided
- 8 October 2013
- Bench
- P. SATHASIVAM, RANJAN GOGOI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Motor Vehicles Act Section 166
Headnote
10 S.C.R. 480 DULCINA FERNANDES & ORS. v. JOAQUIM XAVIER CRUZ & ANR. (Civil Appeal No. 9094 of 2013) OCTOBER 08, 2013 [P. SATHASIVAM, CJI AND RANJAN GOGOi, J.] Motor Vehicles Act, 1988 - s. 166 - Claim under - Adjudication of - To be on the touchstone of preponderance C of probability - but ultimately rejected the claim citing that the accident had occurred on account of the D negligence of the deceased - Order affirmed by High Court - On appeal, held: Evidence before the Tribunal was recorded seven years after the accident - Keeping in view the nature of the jurisdiction
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