Fact:
The
Conductor of the bus , at the end of the journey ,in absence of the driver
drove the bus to turn it round for the return journey and negligently damaged the plaintiff’s Car.
Issue:
Who will be
held liable?
Judgment:
Master will not be liable.
Reasoning:
The act was
being done was not permitted by the employer it cannot be within the course of
employment.
In Skandia Insurance co. Vs Kokilaben C. The driver went to take snacks and he kept engine on of the truck. The clearner negligently drove the truck which resulted accident. The defendant was held liable. But in Beard vs general bus how defendant is not liable
ReplyDeleteIt's the duty of the driver to turn off the vehicle that's why defendant made liable
DeleteIn the above case the authority didn't not permitted the right to drive bus in the absence of drivers