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PRINCIPLE: Employer is liable for the act of his employee during the course of employment. FACT: ‘A’ is driver of a company. He knocked down a pedestrian ‘P’ while coming from the workshop after…

Question and options

PRINCIPLE: Employer is liable for the act of his employee during the course of employment.
FACT: ‘A’ is driver of a company. He knocked down a pedestrian ‘P’ while coming from the workshop after getting his car repaired.
Choose the correct statement from the following:
  1. There is no duty to the company to pay compensation to ‘P’
  2. The workshop which repaired the car is responsible to pay compensation to ‘P’
  3. ‘P’ cannot claim compensation as ‘A’ was not on official duty
  4. Company should be held liable to pay compensation

Answer and explanation

Correct answer: D - Company should be held liable to pay compensation
Bringing the company car back from the workshop after repair is part of the driver's job, so the accident happened in the course of employment and, under the stated principle, the company is liable. The workshop has no part in the accident, and A was on official duty.

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  • CUSAT CAT LLM

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