7th NOVICE MOOT COURT COMPETITION 2019

ROLL NO: – 19LLB078

BEFORE THE HONOURABLE COURT OF CIVIL JUDGE, VISAKHAPATNAM

IN THE MATTER OF

VINAYA AND Mr. X……………………………………………………. Petitioner

V.

JOHN…………………………….……………………………………Respondent

On Submission to the Honorable Court of Civil Judge

WRITTEN SUBMISSION ON BEHALF OF THE PETITIONER

MEMORIAL OF THE PETITIONER

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TABLE OF CONTENT

 INDEX OF ABBREVIATIONS
 INDEX OF AUTHORITIES
 STATEMENT OF JURISDICTION
 STATEMENT OF FACTS
 STATEMENT OF ISSUES
 SUMMARY OF ARGUMENTS
 ARGUMENTS ADVANCED
 WHETHER THE ACT OF JOHN AMOUNT TO NEGLIGENCE OR NOT?
 WHETHER JOHN IS LIABLE TO PAY COMPENSATION TO VINAYA AND Mr. X
 PRAYER

INDEX OF ABBREVIATIONS

Hon’ble – Honorable

AIR – All India Report

v. – Versus

SC – Supreme Court

SCC – Supreme Court Cases

LR – Law Reports

CPC – Civil Procedure Code

IPC– Indian Penal Code

Sec. - Section

Pg. - Page

Para. – Paragraph

Eg – Example
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INDEX OF AUTHORITIES

LIST OF CASES

 Dr. M. Mayi Gowda v. State of Karnataka

 Sagar Chand v. State Of J&K
 Bindra Devi Chauhan v. State of H.P.

STATUTES

 Civil Procedure Code,1908

 CMA Code of Ethics, s.9

 Motor Vehicle Act,1988

BOOKS
 Ratanlal & Dheerajlal

 Law of torts by R.K Bhangia

WEBSITES REFERRED

 indiankanoon.org/doc/41695422/
 www.casemine.com/search/in/section%209%20c%28DOT%29p%28DOT%29c
 indiankanoon.org/docfragment/131177720/?formInput=Section%20119%20in%20The%20Motor%20Ve
hicles%20Act%2C%201988
 indiankanoon.org/docfragment/1863908/?formInput=section%209%20of%20civil%20procedure%20co
de

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STATEMENT OF JURISDICTION

It is humbly submitted before the Hon’ble Court of Civil Judge of Visakhapatnam that the Plaintiff has approached
the present court under Sec 15 of Civil Procedure Code, 1908 and Sec 91 (2) of Civil Procedure Code, 1908. The
Petitioners have moved toward the Hon'ble District Court under Section 9 and area 119(MVA) of CPC. The
section 9 and section 119(MVA) of CPC peruses as hereunder.
Section 9 of CPC
The Courts shall (subject to the provisions herein contained) have jurisdiction to try all Suits of a civil nature
excepting suits of which their cognizance is either expressly or impliedly barred.

Section 119 in The Motor Vehicles Act, 1988

Duty to obey traffic signs. —

(1) Every driver of a motor vehicle shall drive the vehicle in congruity with any sign offered by required
traffic hint and in similarity with the driving guidelines made by the Central Government, and will agree
to all headings given to him by any police officer for the time being occupied with the guideline of traffic
in any public place.

(2) In this section “mandatory traffic sign” means a traffic sign included in Part A of [the First Schedule], or
any traffic sign of similar form (that is to say, consisting of or including a circular disc displaying a device,
word or figure and having a red ground or border) placed or erected for the purpose of regulating motor vehicle
traffic under sub-section (1) of section 116.

(3) Violation of yellow traffic signal comes under section 119/117 of MVA.

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STATEMENT OF FACTS

John is a skilled lens man operating in a very leading Company which sells attire for expecting mothers. He has
three sisters. The second sister is a doctor and has two children. John is a terribly devoted brother and often visits
the hospital where his sister works. His sister works at one of the leading hospitals which is far away from his
place. he's additionally a awfully devoted uncle. John had recently received a raise for his performance at the
corporate. He had purchased an innovative car called ‘Venue’ that was cerulean in colour and looked enticing. He
had four traffic signals on his commute to workplace daily. On his first signal, he passes by a petrol bunk. On his
second signal, he passes by a Government hospital on the other facet of the road. The third signal is a particularly
busy signal as there's school and college close to constant. Near the fourth signal, there's an excellent specialty
hospital on constant facet of the road. John needed to require his automotive to his workplace to show off his
colleagues. He crossed the first signal and forthwith before of him, he saw associate accident, whereby the girl
traveller of an auto was thrown out on the road. The automotive vehicle although momentarily stopped, fled as
presently as crowd started to assemble. John pose the automotive to the facet of the road and got intent on see if
the girl was separated. once he went to see the girl, he accomplished that the girl was pregnant and was
additionally his sister’s patient. He recognised her from one in all his visits. He forthwith rushes to her facet,
picked her up and took her in his automotive to take her to the hospital. He had tried vocation his sister however
her phone was untouchable. the girl was conscious at that point. The lady was Vinaya. Her case was ofttimes
mentioned reception. She had been unfruitful for concerning seven years and at last when John’s sister performed
associate IVF treatment, she was able to conceive. Vinaya was additionally suggested to require bed rest within
the later stages of her maternity as she was aged forty-three and the pregnancy was planning to be a tricky one.
although John didn't grasp the labyrinthine details of Vinaya's case, he knew that his sister had mentioned many
times that Vinaya’s case was a tricky one. In fact, John had discovered in one his visits to his sister that Vinaya
had a sweet disposition and sometimes played with his niece and nephew. Meanwhile, John in a very rush of
panic, forthwith proceeded towards the super specialty hospital. At the second signal, he accomplished that Vinaya
had lost consciousness; but he stopped at the signals the signal was red. He rushes through the third signal because
the lightweight was yellow. Another automotive with the same intention of skipping the red lightweight, rush
through and packed into the rear of John’s automotive. He recovered presently and took the girl to the hospital.
At the hospital, it had been pronounced that Vinaya had born to a still born kid. After returning home, he known
as his sister and narrated the incident to her. Despite not being present there, as a sister, she just comfortable her
brother locution that he had done all what was there to try to to. She additionally explicit that she would inform
him if Vinaya came back to her for more treatment. when a few days, he receives two notices that two suits are
filed against him, one by the girl and the other by the opposite automotive owner for payment of damages.

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STATEMENT OF ISSUES

ISSUE - I

WHETHER THE ACT OF JOHN AMOUNT TO NEGLIGENCE OR NOT?

ISSUE - II

WHETHER JOHN IS LIABLE TO PAY COMPENSATION TO VINAYA AND Mr. X

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SUMMARY OF ARGUMENTS

ISSUE - I

WHETHER THE ACT OF JOHN AMOUNT TO NEGLIGENCE OR NOT?

Yes, the act of John amount to the negligence because he didn’t admit Vinaya in the hospital at the second
signal and also crossed yellow light at third signal.

ISSUE – II

WHETHER JOHN IS LIABLE TO PAY COMPENSATION TO VINAYA AND Mr. X

A traffic signal indicates the drivers to impede, it doesn't mean to stop. If one is in a very position wherever
applying breaks and Mr X was conjointly in a scenario of applying breaks would cause disturbance within the
traffic, therefore he proceeds at constant speed to cross the signal. it's due to negligent driving of the Respondent
that the accident has occurred.

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ARGUMENTS ADVANCED

ISSUE - I

WHETHER THE ACT OF JOHN AMOUNT TO NEGLIGENCE OR NOT?

ESSENTIALS OF NEGLIGENCE
In an action for negligence, the plaintiff has to prove the following essentials:

THAT THE DEFENDANT OWED DUTY OF CARE TO THE PLAINTIFF

The Plaintiff has to establish that the defendant owed to him a specific legal duty to take care of which he has
made a breach. There has no general rule of law defining such duty.

Dr. M. Mayi Gowda v. State of Karnataka1

Fact: -
The Plaintiff and five children of his family took an elephant joy-ride on 7.10.1992 at about 8 P.M in Mysore
Dasara Exhibition ground after having purchased tickets for the same. After taking a number of rounds while the
complainants and other persons were in the process of getting down the cradle, the elephant became panicky in
that rush hour and run forward. The Plaintiff was thrown on the ground as a result of which he received serious
injuries resulting in total loss of eyesight of both the eyes. He was a medical practitioner. He claimed
compensation of Rs. 9,90,000.
Judgment: -
It was found that it was a female elephant having participated in such rides and festivals for 13 years. It had acted
in film shooting, various religious functions and honoring the V.I.P.’S.

1
M.Manvi Gowda v. State of Karnataka, (1996) C.P.J. 307

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It was held that there was no negligence on the part of the part opposite parties who had organized the joy-ride.
The reason of the accident was unusual and unfortunate behavior of the elephant, and, therefore, the complaint
was dismissed.

THE DEFENDANT MADE A BREACH OF THAT DUTY

Breach of duty means non-observance of due care which is required in a particular situation. The standard is that
of a reasonable man or of an ordinarily prudent man.
SAGAR CHAND v. STATE OF J&K 2
Fact: -
Two children aged about 7 and 11 years were passing through a paddy field in the village as they were going for
taking bath. The electric line in that area was under repair. Due to the negligence of the linemen, the children
came in contact with live electric wires, got electrocuted and died.

Judgment: -
The state department was held vicariously liable for the negligence of the linemen and was required to pay
compensation of Rs. 60,000 and Rs. 75,000.
THE PLAINTIFF SUFFERED DAMAGE AS A CONSEQUENCE THEREOF
BINDRA DEVI CHAUHAN v. STATE OF H.P.3
Fact: -
The State authorities, for developing playground, which was on one side of the petitioner’s house, started
excavation towards the house of the plaintiff. Because of the reckless and incriminate excavations done by the
defendants, the house of the petitioner collapsed. It was found that damaged caused to the house was due to such
excavations. Besides, the defendants, while doing excavation work, did not erect excavations. Besides the
defendants, while doing excavation work did not return any retaining walls. The factum of negligence on the part
of the defendants was thus proved and the plaintiff was held entitled to compensation on account of damage to
her house, the protection of the site by raising a breast wall, as also an account of hardship and agony undergone
by her.
Judgment: -

2
Sagar chand v. State of J&K, A.I.R. 1999 J.&K. 154

3
Bindra Devi Chauhan v. State of H.P ,(2006) S.C. 91.
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School building not constructed accordingly to building norms collapsed in earthquake. The authorities were held
guilty of negligence for the death of children due to that.

ISSUE – II

WHETHER JOHN IS LIABLE TO PAY COMPENSATION TO VINAYA AND Mr. X

John rushed through the signal as the light was yellow. He behaved negligently in the car; he knows that Vinaya
was in a critical condition. And she wants an immediate treatment and he knew that his sister had mentioned a
few times that Vinaya’s case was a tough one. In fact, John had observed in one his visits to his sister. Eventho
in that Haste he recognized the signal but he didn’t recognize the government hospital this result to the act of
negligence. Because if he admitted her in the near-by government hospital her baby could be saved, so he
should compensate for acting negligently in the car. He should compensate amount of 10 Lakhs because she had
been childless for about 7 years and finally after John’s sister performed an IVF treatment, he should
compensate for the IVF treatment which was performed by John’s sister. John is liable and he should
compensate Vinaya.

119 in The Motor Vehicles Act, 1988

119. Duty to obey traffic signs:
1. Every driver of a motor vehicle shall drive the vehicle in conformity with any indication given by mandatory
traffic sign and in conformity with the driving regulations made by the Central Government, and shall comply
with all directions given to him by any police officer for the time being engaged in the regulation of traffic in any
public place.
2. In this section “mandatory traffic sign” means a traffic sign included in Part A of †[the First Schedule], or any
traffic sign of similar form (that is to say, consisting of or including a circular disc displaying a device, word or
figure and having a red ground or border) placed or erected for the purpose of regulating motor vehicle traffic
under sub-section (1) of section 116.

John is liable for violating the above rules and damaging Mr. X car. John should compensate Mr. X for damaging
his car. Mr. X is eligible to take compensation from John.

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PRAYER

Wherefore within the light of the problems raised, arguments advanced and authorities cited, the counsel of
the petitioner humbly prays the subsequent from the honorable court:

1. Firstly, the counsel prays for the damages for the loss incurred to the petitioner because of the
negligence of the respondent taking her to the hospital.
2. second the counsel prays for the damages for the loss incurred to Mr. X due to negligence in driving
the automobile.

And pass of any such order, Writ or direction as the Honorable court deems fit and proper, for the Applicants shall
duty-bound pray.

Counsel on Behalf of Petitioner’s

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