Fact:
Acharay’s car failed and inspite of his efforts it could not be started .He locked car and went to a garage.The owner of the garage asked the mechanic to accompany Acharaya. The mechanic also could not start. Acharaya, then ,gave the keys to the mechanic and asked him to garage and left the place by bus.When he reached home he was informed on telephone that the mechanic had driven the car and committed accident.
Issue:
Whether there was any delegation power?
Judgment:
Acharaya was held not liable.
Reasoning :
The mechanic could not be said to be a transferred servant ,nor could be treated as an agent of Acharaya .It was course of employment of the servant of the garage or master.
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