ZAKIR HUSSAIN Vs. SUDHA. K AND OTHERS

JUDGEMENT

(1.) Two motor cycles collided on 25.6.2011. One was ridden by the appellant in MACA 607/2014. The other was ridden by the second respondent. The appellant in MACA 607/2014 sustained injuries. The person who was travelling with him on the pillion seat was Vinod Kumar. Vinod Kumar died in the accident. His heirs filed MACA 608/2014.

(2.) The tribunal under different heads fixed Rs 81,000/- as compensation for the appellant in MACA 607/2014 and Rs 10,21,750/- for the appellants in the other case. The tribunal found contributory negligence on both riders to the extent of 50% each. The tribunal passed an award only to the extent of Rs 40,500/- in favour of the appellant in MACA 607/2014 and Rs 5,10,875/- in favour of the appellants in the other case. The grievances in the appeals are the finding of contributory negligence on the part of the appellant in MACA 607/2014 and the consequent denial of 50% of the total compensation to the respective appellants.

(3.) Heard Sri.C.R.Sivakumar and Sri.Rajesh Thomas, the learned counsel for the appellants and the third respondent respectively. Heard too Sri.LiJi.J.Vadakedom, the learned counsel for respondents 1 and 2.