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Civil Suit for Damages – Vicarious Liability

CIVIL SUIT NO. _____ OF ______

In the High Court at Calcutta

ORDINARY Original CIVIL Jurisdiction

……… Plaintiff

-Versus-

                                     

…….  Defendants

REGISTERED ADDRESS OF THE PLANTIFF

SI. NO.

Name

1.

    Plaintiff

 

 

 Advocate-on-Record

 

For Plaintiff.

CIVIL SUIT NO. ____ OF ______

In the High Court at Calcutta

ORDINARY Original CIVIL Jurisdiction

_____________________________________

 

……… Plaintiff

-Versus-

                                                                             …….  Defendants

CONCISE STATEMENT

The plaintiff prays for leave under Order 2 rule 2 of the Code of Civil Procedure 1908 and claims a Decree for Rs. __________/-; Alternatively, an enquiry into the damages suffered by the plaintiff as a result of the actions of the defendant no.1 and/or its employees and a decree be passed for such sum or sums as may be found due upon such enquiry; Interim interest and interest upon judgement till recovery on the sum decreed as in the prayers above at 18% per annum and/or at such rate that is found fit and proper by this Hon’ble Court; Injunction; Receiver; Attachment; Costs; Such further and other reliefs.

Dated this the ____ day of _________________.

 

Advocate on Record For Plaintiff.

 

Civil Suit No. _____ of _________

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION

______________, a Company incorporated under the provisions of the Companies Act, 1956 and having its Regional Office at ______ outside the jurisdiction of this Hon’ble Court.

PLAINTIFF

-Versus-

  1. __________, a Company within the meaning of Companies Act, 1956 and having its ______ within the jurisdiction of this Hon’ble Court.
  2. ____________, working for gain at inter alia __________within the jurisdiction of this Hon’ble Court.

                   DEFENDANTS

  1. _______, residing at _________, outside the jurisdiction of this Hon’ble Court.

PRO FORMA DEFENDANT

The plaintiff states:

  1. The plaintiff is a________________.
  2. At all material times, _______ (the proforma defendant no. 3 named above) was and is the employee of the plaintiff. His Employee number is: No.________ and he was engaged under the ___________ and posted at the _____________of the consumers of the plaintiff.
  3. On ______________, at about _____________. the said proforma defendant no. 3 was on official duty at _______________ and was taking steps to _________.
  4. The said _________ belonged to and/or was being operated by the ground handling agents for _______________ the defendant no.1 named above. The said _________ was being driven by one _______________being the defendant no.2 named above, who is an employee of the defendant no.1.
  5. The proforma defendant no.3 was doing his duty and was not at fault for the said accident which occurred solely due to the negligence of the defendant no.2, being the driver of the _______. The said driver was arrested and criminal proceedings are pending against him.
  6. As a result of such accident, the pro forma defendant no. 3’s _________________ when his left leg was amputated.
  7. Immediately upon coming to learn about the incident, the plaintiff lodged a complaint (First Information Report) on ______________, regarding the same with the ______________ Police Station. In addition thereto the plaintiff conducted its own enquiry into the matter and prepared a detailed report _______________.
  8. The _____________ also immediately conducted an enquiry on ______________ into the said incident leading to the amputation of the left leg of the pro forma defendant no. 3 and submitted a detailed report bearing reference no. ______________.
  9. It shall appear from the facts stated above and from the said contemporaneous reports that the said accident occurred solely due to the wrong and negligent driving of the said _______. The particulars of negligence are set out more fully hereunder :-

a)        The defendant no.2 failed and neglected _________ with due care.

b)       The defendant no.2 was ____________in a rash and reckless manner even though he was well aware that there were several persons.

c)        The defendant no.2 failed to act with reasonable care and to stop.

d)       The said defendant no.2 failed to keep a proper look out.

e)        The said defendant no. 2 failed to give sufficient warning of his approach.

f)         The said defendant no. 2 failed to apply his brakes sufficiently or in time.

g)        The said defendant no.2 failed to maneuver _____ so as to avoid hitting the proforma defendant no.3.

h)       Since the pro forma defendant no.3 is and was a bona fide employee of the plaintiff and is covered by the Service Rule and Regulations of the plaintiff, the plaintiff is duty bound to bear all statutory and employment obligations in respect of the entitlement of the proforma defendant no.3 to compensation in accordance with law.

  1. The plaintiff’s Medical Board has declared the pro forma defendant no. 3 as permanently disabled and he is being paid full salary as he used to get before disablement. In that premises, though the plaintiff is not at all getting the service of the Pro Forma Defendant no.3 but is paying the monthly salary to him.
  2. In view of the fact that the plaintiff has to pay the proforma defendant no.3 his full salary until his retirement and the same amounts to Rs. ___________/-.  A schedule being Annexure “B” hereto showing the detail of the said amounts is given hereinafter. The plaintiff reserves its right to claim reimbursement of the said sums to be incurred by the plaintiff from the defendants no. 1 and 2 in future.
  3. The defendant no. 1 is an ________ company and carries on business inter alia from its regional office at ______________ within the jurisdiction of this Hon’ble Court. The defendant no.1 company is responsible for and is vicariously liable for the wrongful actions of its employee the defendant no.2 who was in any event acting under the employment of the defendant no.1 at the time the accident occurred on ___________________.
  4. The plaintiff in the facts and circumstances as aforesaid is entitled to and claims from the defendant no. 1 a sum of Rs. ___________/-, particulars of which is given herein below:
    1. Rs. ______________/- – as compensation payable to the Pro Forma Defendant no. 3 by the plaintiff under the provisions of the Workmen’s Compensation Act, 1923
    2. Rs. __________/- as the cost of hospitalization of the Pro Forma Defendant no. 3 and his medical expenses as being incurred by the plaintiff.
    3. Rs. _________/- as the compensation paid by the plaintiff on account on salaries to the Pro Forma Defendant no. 3 without getting any service from the Pro Forma Defendant no. 3.
    4. TOTAL : Rs. _______________/-
    5. The plaintiff is also entitled to interim interest and interest upon judgement till recovery on the sum decreed as in the prayers above at 18% per annum and/or at such rate that is found fit and proper by this Hon’ble Court.
    6. The plaintiff through its learned advocates demanded the aforesaid sum by letter dated __________ from the defendant no. 1.  The defendant no. 1 in spite of receipt of the same failed and/or neglected to pay the said sum or to reply to the said letter. A copy of the said letter dated _____________ is annexed hereto and marked Annexure “C”.
    7. The plaintiff is the employer of the said the pro forma defendant no.3 named above. The said proforma defendant no.3 was injured and suffered loss and damage as a result of the negligent acts of the ______________ being the defendant no. 2, who is the employee of the defendant no.1 and/or its handling agent. The said accident was caused during course of employment of the said _______ driver while working for the defendant no.1 and as such the defendant no.1 is liable and/or vicariously liable to recompense the damage caused to the employee of the plaintiff and to the plaintiff. The pro forma defendant no. 3 has subrogated his claim against the defendants in favour of the plaintiff and therefore there is no bar in institution of the instant suit.
    8. The plaintiff states that as an employer, the plaintiff has a general right to be reimbursed from the said third party tortfeasor and/or his employer the defendant no.1, for benefits paid by the plaintiff to its employee for injuries caused by the said third party. The plaintiff states that irrespective of any rights of the pro forma defendant no.3, the plaintiff is entitled as the employer to bring this action so as to vindicate its interest in being reimbursed for payments made because of the third party’s malfeasance.
    9. The present suit is for a money claim.  The Defendant no. 1 carries on business from the said office at _____________ which is within the aforesaid jurisdiction.
    10. No relief is being claimed against the defendant no. 2 and the Pro Forma Defendant no.3 but their presence is required for proper adjudication of the present suit.
    11. The cause of action hereof arose firstly on _______________________ and thereafter continues from day to day. The present suit is not barred by any statute including the statute of limitation.
    12. Inasmuch as the claim of the plaintiff exceeds Rs. 10 lacs this Hon’ble High Court has and not the City Civil Court at Calcutta or any other Civil Court the jurisdiction to receive, try and determine the instant suit.
    13. For the purpose of jurisdiction and court fees the suit is valued at Rs. ________________ and ad-valorem court fees payable thereon under the West Bengal Court Fees Act has duly been paid. In any event, the plaintiff also undertakes to pay further court fees, if, those already paid are found to be deficient.
    14. In as much as the plaintiff is likely to have further claims against the defendant no.1 arising out of the same series of facts and circumstances mentioned above and since all such claims are not immediately quantifiable, the plaintiff reserves its right to make further claims against the defendant no. 1 in respect of the same cause of action and seeks leave to institute the instant suit with leave under Order 2 Rule 2 of the Code of Civil Procedure 1908.

In the premises, the plaintiff prays for leave under Order 2 rule 2 of the Code of Civil Procedure 1908 and claims the following reliefs:-

  1. Decree for Rs. _____________/-;
  2. Alternatively, as enquiry into the damages suffered by the plaintiff as a result of the actions of the defendant no.1 and/or its employees and a decree be passed for such sum or sums as may be found due upon such enquiry;
  3. Interim interest and interest upon judgement till recovery on the sum decreed as in the prayers above at 18% per annum and/or at such rate that is found fit and proper by this Hon’ble Court;
  4. Injunction;
  5. Receiver;
  6. Attachment;
  7. Costs.
  8. Such further and other reliefs.

 

Advocate-on-record for the Plaintiff.

 

 

V E R I F I C A T I O N

I, _____________, working for gain at ___________, the Authorised Signatory of Plaintiff and the _________________ of the Plaintiff, do hereby do hereby declare and state that the statements contained in paragraphs 1 to _______ and __ of the foregoing plaint including cause title thereof are true to my knowledge and those contained in paragraphs ____________ and __ are my respectful submission before this Hon’ble Court.

I sign this verification in my Advocate’s Chamber at _____________ on this ____ day of ________________.

Settled by –

 

Advocate

Drawn by –

 

Advocate

 

AFFIDAVIT

 

I, _____________, working for gain at __________, do hereby solemnly affirm and say as follows:-

  1. I am the Authorised Signatory of the plaintiff abovenamed. I am also the ___________ of the plaintiff and a Principal officer thereof. I have made myself acquainted with the facts and circumstances of this and I am competent and duly authorized to make the foregoing plaint and to affirm this affidavit on behalf of the plaintiff.
  2. That the statements made in paragraphs 1 to _____________ and ___ of the foregoing plaint including cause title thereof are true to my knowledge and those contained in paragraphs _______ and __ are my respectful submission before this Hon’ble Court.

Solemnly affirmed by ___________ in the Court House at Calcutta on this the _____ day of _______________.

 Before me

 Commissioner

 

LIST OF DOCUMENTS RELIED UPON BY THE PLAINTIFF

  1.        First Information Report lodged by the plaintiff on ____________, regarding the incident in question with the _________ Police Station.
  2.        Documents relating to the criminal proceedings in connection with the incident in question against the defendant no. 2.
  3.        Detailed Enquiry Report bearing reference No. __________ dated __________ prepared on the basis on the enquiry conducted by the concerned department of the plaintiff.
  4.        Detailed Enquiry Report bearing reference no. ____________ dated ___________ prepared by the ______________ on the basis of the independent enquiry conducted by its officials.
  5.        Documents in support of salaries paid by the plaintiff to the proforma defendant no. 3 between the periods ___________ to _________.
  6.        Documents in support of compensation payable to the proforma defendant no. 3 under the Workmen’s Compensation Act, 1923.
  7.        Documents in support of medical expenses incurred towards the treatment of the proforma defendant no. 3.

 

LIST OF DOCUMENTS PRODUCED WITH THE PLAINT

NIL

 

LIST OF DOCUMENTS ANNEXED WITH THE PLAINT
  1. Annexure “A”- A schedule showing such detail of payments made by the plaintiff to the pro forma defendant no.3 as indicated in paragraph – 13 of the plaint.
  2. Annexure “B”- A schedule showing such detail of payments that the plaintiff has to pay the Pro Forma Defendant no.3 his full salary until his retirement as stated in paragraph – 15 of the plaint.
  3. Annexure “C” – Copy of the letter dated _________ as stated in paragraph – 19 of the plaint.

 

Annexure-A

SCHEDULE- I

Detail of payments made by the plaintiff to the pro forma defendant no.3 as stated below:

 

  1. Rs. _______/- – as compensation payable to the Pro Forma Defendant no. 3 by the plaintiff under the provisions of the Workmen’s Compensation Act, 1923
  2. Rs. _____/- – as the cost of hospitalization of the Pro Forma Defendant no. 3 and his medical expenses as being incurred by the plaintiff.
  3. Rs. ________/- – as the compensation paid by the plaintiff on account on salaries to the Pro Forma Defendant no. 3 without getting any service from the Pro Forma Defendant no. 3.

Annexure-B

SCHEDULE- II

Detail of payments that the plaintiff has to pay the Pro Forma Defendant no.3 his full salary until his retirement as stated below:

Salaries for the periods between ___________ to ________.

[______ x __]

Rs. _________/-

TOTAL

Rs. ___________/-

CIVIL SUIT NO. ____ OF _____

In the High Court at Calcutta

ORDINARY Original CIVIL Jurisdiction

……… Plaintiff

-Versus-

…….  Defendants

          P L A I N T

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