Question:
Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : A master shall be liable for the acts of his servants done in the course of employment.
FACTUAL SITUATION : PAL, a public sector undertaking, is operating a number of bus services for its employees in Pune. These buses are quite distinct in their appearance and carry the board ‘for PAL employees only’. M, a villager from neighboring state, was waiting for a regular bus in one of the bus stops in Pune. A bus belonging to PAL happened to stop nearby and number of people got into the bus. M, without realizing that it was PAL bus, got into the bus and soon thereafter, the bus met with an accident due to driver’s negligence. M, along with several others, was injured in the accident. M seeks to file a suit against PAL claiming damages.
DECISION :
Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : A master shall be liable for the acts of his servants done in the course of employment.
FACTUAL SITUATION : PAL, a public sector undertaking, is operating a number of bus services for its employees in Pune. These buses are quite distinct in their appearance and carry the board ‘for PAL employees only’. M, a villager from neighboring state, was waiting for a regular bus in one of the bus stops in Pune. A bus belonging to PAL happened to stop nearby and number of people got into the bus. M, without realizing that it was PAL bus, got into the bus and soon thereafter, the bus met with an accident due to driver’s negligence. M, along with several others, was injured in the accident. M seeks to file a suit against PAL claiming damages.
DECISION :
LEGAL PRINCIPLE : A master shall be liable for the acts of his servants done in the course of employment.
FACTUAL SITUATION : PAL, a public sector undertaking, is operating a number of bus services for its employees in Pune. These buses are quite distinct in their appearance and carry the board ‘for PAL employees only’. M, a villager from neighboring state, was waiting for a regular bus in one of the bus stops in Pune. A bus belonging to PAL happened to stop nearby and number of people got into the bus. M, without realizing that it was PAL bus, got into the bus and soon thereafter, the bus met with an accident due to driver’s negligence. M, along with several others, was injured in the accident. M seeks to file a suit against PAL claiming damages.
DECISION :
Updated On: Aug 5, 2024
- M will succeed, because he got into the bus without realizing that it was PAL bus.
- M will not succeed, because it was for him to find out whether it was a public transport.
- M will succeed, because the driver was anyhow duty-bound to drive carefully.
- PAL is not liable as the bus met with an accident due to driver’s negligence.
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The Correct Option is C
Solution and Explanation
The correct option is (C): M will succeed, because the driver was anyhow duty-bound to drive carefully.
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