Question

Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below 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: PUL, 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 PUL employees only”. M, a villager from a neighbouring state, was waiting for a regular bus in one of the bus stops in Pune. A bus belonging to PUL happened to stop nearby and a number of people got into the bus. M, without realizing that it was a PUL 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 PUL claiming damages. DECISION:

Options

• M will succeed, because he got into the bus without realizing that it was PUL 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 dutybound to drive carefully.

• PUL is not liable as the bus met with an accident due to driver’s negligence.

Answer 1

M will succeed because the driver was anyhow dutybound to drive carefully.

Explanation:

M will succeed as the driver was driving in the course of his employment further it was the duty of the driver to drive carefully is the correct answer.