Fact:
A truck was carrying stones.The driver left the truck in charge of the cleaner and went to his house for taking meals. He specifically directed the cleaner to get the truck unloaded.Returning after unloading he committed an accident due to negligent driving and killed two boys sitting on foot path
Issue:
Delegation of duties by servant.
Judgment:
It was held that the owner as well as insurers will be liable .
Reasoning:
In entrusting the work to cleaner the driver was negligent in the course of employment.
A truck was carrying stones.The driver left the truck in charge of the cleaner and went to his house for taking meals. He specifically directed the cleaner to get the truck unloaded.Returning after unloading he committed an accident due to negligent driving and killed two boys sitting on foot path
Issue:
Delegation of duties by servant.
Judgment:
It was held that the owner as well as insurers will be liable .
Reasoning:
In entrusting the work to cleaner the driver was negligent in the course of employment.
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