THE MOOT COURT FOR VI SEMESTER OF 3 YEARS LL.

B WILL BE HELD
ON 4th June, 2017 AT 10.00 AM.

MOOT COURT RECORD SHOULD BE HAND WRITTEN AND

SHOULD BE BOUND. NO TYPED OR XEROX MATTER WILL BE
ACCEPTED. STUDENTS SHOULD USE GREEN SHEETS. THE RECORD
SHOULD BE SUBMITTED ON THE DAY MENTIONED ABOVE AFTER
SIGNING THE REGISTER. ALL THE STUDENTS SHOULD ATTEND
THE SAME WITHOUT FAIL.(the Memorials of First and Second
Moot court along with third moot court problem & three other
assignments should also be bound TOGETHER IN ONE BOOK
neatly)
INSTRUCTION FOR SUBMITTING THE RECORDS

1. RECORD SHOULD BE HAND-WRITTEN

2. STUDENTS SHOULD USE ONLY ONE SIDE GREEN SHEETS,
3. THE COVERING SHEET OF THE RECORD SHALL INDICATE THE NAME OF
THE EXAMINATION, SUBJECT, REGISTRATION NUMBER AND CENTER
CODE
4. THERE SHALL BE A CONTENT PAGE. (INDEX )
5. Students should come in white uniform.(Advocate Dress code)
6. Legal Aid and Advocate Certificate should be enclosed along with
this Record.

NAME OF EXAMINATION: VI SEMESTER 3 YEARS LL.B, PRACTICAL

EXAMINIATION-2016

CENTER CODE: 434

SUBJECT: CLNICAL COURSE – IV: MOOT COURT EXERCISE

AND INTERNSHIP.

REGISTER No: ____________

 MOOT COURT PROBLEM -3

The complainant (Beemaiah) in the capacity of an employee under South

Eastern Railway, Bangalore, met with an accident on 27.04.05 and sustained
injury on his left wrist.

Initially the complainant got first aid from Victoria Hospital, Bangalore, on
28.4.05 and subsequently he was admitted in Surgical Ward of South Eastern
Railway Hospital, Bangalore. According to the Complainant, though there was
sufficient pain in the left wrist of the complainant, but the attending doctor
ignoring such state of affairs conducted P.O.P. pluster in the injured hand of the
complainant thereby also ignoring the fact that there was swelling in the
fractured limb of the complainant. According to the Complainant, there was no
relief to the complainant and as there was subsisting pain and swelling in the
fractured limb of the complainant, the complainant got himself examined by an
orthopaedic surgeon namely Dr. D.Sridhar, Orthopaedic Center, Jayanagar, who
detected that there was existence of fracture in the left wrist of the complainant,
which clearly indicated that the OP No. 2, i.e. the concerned Railway Hospital,
was negligent in performing proper duty. Subsequently the complainant was
referred to South Eastern Railway Hospital, Garden Reach, Kolkata, where the
opined post immobilization fracture and advised for extensive physiotherapy.
According to the complainant, due to negligent acts and omissions on the part of
the Opponents the complainant has suffered physical discomfort and harassment
and hence, the petition of complaint for a compensation to the tune of Rs.
4,75,000/- along with litigation cost was filed before the consumer Court at
Bangalore.

The Opponents contested the case by filing written version thereby denying all
the material averments mentioned in the petition of complaint contending inter
alia that the petition of complaint was not maintainable on the ground that the
complainant was not a Consumer as per provisions of the Consumer Protection
Act.

According to the Opponents, the hospital and the physician attached to

Bangalore Railway Hospital did not effect any manipulation in the injured limb
of the complainant as that would have aggravated the situation considering the
age of the complainant. According to the Opponents, proper medical treatment
and guidance was given to the complainant by the Opponents /Hospital and the
concerned physician and in the absence of any negligence at the instance of the
Opponents, the petition of complaint was liable to be dismissed.

Ld. District Forum while disposing of the petition of complaint has observed
that the complainant was not a Consumer as per provisions of the Consumer
Protection Act and in the absence of any deficiency in service at the instance of
the Opponents, as claimed by the complainant, the complainant was not entitled
to get any relief as per prayer of the petition of complaint and accordingly
dismissed the petition of complaint on contest without any order as to cost as
mentioned above.

Being aggrieved by the order of the district forum, the present Appeal is filed
before the Karnataka State Consumer Dispute Redressal Commission at
Bangalore

Prepare memorial on both sides and argue either on behalf of the

Appellant or Respondent
Question No 4:

a. Interviewing techniques observed at the Advocates Office and Legal

Aid-Board and Mediation Centre. during your visit
- 30 marks

b. What have you observed in the Advocates Office in respect of Pre –

Trial preparations and preparation of documents and court papers in
Civil and Criminal Cases?
- 15 Marks

c. Write a Note on the observations made by you during the court visit in
respect of Trial in one criminal case and in civil case.
- 15 marks