Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | preponderance of probability Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988 - s. 166 - Claim under -Adjudication of - To be on the touchstone of preponderanceof probability - Deceased was riding a scooter which got hitby the pick-up van driven by first respondent - Claim of wifeand daughters of deceased - Claims Tribunal assessedcompensation at Rs. 6.66 lakhs, but ultimately rejected theclaim citing that the accident had occurred on account of thenegligence of the deceased - Order affirmed by High Court -On appeal, held: Evidence before the Tribunal was recordedseven years after the accident - Keeping in view the natureof the jurisdiction exercised by the Tribunal, it was not correcton its part to hold against the claimants for their failure/inability to examine the pillion rider 'R' as a witness, moreparticularly in view of the hapless condition in which theclaimants must have been placed after death of their solebreadwinner and the sufficiently long period of time that hadlapsed in the meantime - Further, the Tribunal was not entirelycorrect in rejecting the evidence of the CW-3 and 5 - Similarlyit erred in accepting the evidence tendered by the firstrespondent - CW-2, Head Constable, had deposed that acriminal case was registered against the first respondent inconnection with the accident - Statements made by him weresignificant to the issues arising in the instant case - Saidaspects of the evidence of CW-2 not considered by theTribunal - High Court failed to notice the lacunae in the awardof the Tribunal - Case fit for interference by Supreme Court -Accident in question occurred due to rash and negligent driving of the pick-up van by the first respondent - Claimants-appellants entitled to compensation as quantified by theTribunal alongwith interest@ 6% p.a with effect from the dateof the award of the Tribunal. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2013 INSC 695 |
Petitioner | Dulcina Fernandes & Ors. |
Respondent | Joaquim Xavier Cruz & Anr. |
SCR | [2013] 10 S.C.R. 480 |
Judgement Date | 2013-10-08 |
Case Number | 9094 |
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