Gopal Singh had engaged a driver for his car, who had negligently driven the vehicle and caused damage to a third party. Is Gopal responsible in the above situation?
CS Professional · Insurance - Law & Practice · PYQS · June 2023
Gopal Singh had engaged a driver for his car, who had negligently driven the vehicle and caused damage to a third party. Is Gopal responsible in the above situation?
Answer & Explanation:
As per the common Law, the master is liable for the tortious acts of the servant provided the servant does such act in the course of his employment. The common law also recognizes the vicarious liability of the owner of the motor car. In the law of torts, if a person negligently drives his vehicle and causes injury or death to the third party, the driver whose negligence caused the damage is liable to the third party. The driver is the servant of the owner, and since he is a person of no means, the owner is liable for all his acts so far that he has done such acts in the course of his employment. In the above case, based on the provisions of the common law, Gopal is held liable for the damage caused to the third party. [Pushpabai Sudershin v Ranjit G and P Co].
Topics: Motor Insurance
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