THE BRANCH MANAGER Vs. RAJAMOHAMMED @ ABDUL KANI

JUDGEMENT

(1.) Heard the learned counsel on either side.

(2.) The first respondent herein was the pillion rider in the motorcycle belonging to one Rahamathulla. An accident involving a tractor with trailer belonging to the second respondent occurred on 10.07.2007. The said Rahamathulla died. The first respondent herein suffered injuries. The first respondent herein filed M.C.O.P.No.710 of 2013 on the file of MACT/Special Court, Tiruchirappalli. The Tribunal awarded a sum of Rs.1,30,952/- by order dated 05.02.2014. Challenging the same, this appeal has been filed.

(3.) The legal heirs of the deceased Rahamathullah had also filed M.C.O.P.No.709 of 2013 and the award passed therein came to be challenged before the Hon'ble Division Bench in C.M.A.(MD) No.1105 of 2014 at the instance of the appellant herein. This Court had fixed the contributory negligence of 50% on the deceased Rahamuthalla by order dated 05.06.2017.