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…The above is the summary of the salient issue raised in rival submission and pleadings in this matter.…

…The Tribunal has carefully considered the pleadings, evidence and the written submissions by counsels of the respective parties and the authorities relied upon.…

…Based on this issue and the other issues raised in the pleadings, the issues before this Tribunal are: I. Whether the Respondent was negligent II. What is the quantum of damages if any. I.…