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Sahib appointed Sewak as his driver. One day Sahib sent the driver to fetch some goods from a nearby mall. On his way Sewak injured a pedestrian who was trying to cross the road at the zebra…

Question and options

Sahib appointed Sewak as his driver. One day Sahib sent the driver to fetch some goods from a nearby mall. On his way Sewak injured a pedestrian who was trying to cross the road at the zebra crossing as per the traffic signal. Here
  1. the pedestrian cannot sue Sewak for compensation/damages for the injuries received
  2. Sahib can direct Sewak to pay the compensation to the pedestrian if proceeded against under law
  3. the pedestrian can sue Sewak as well as Sahib
  4. the pedestrian cannot sue Sahib

Answer and explanation

Correct answer: C - the pedestrian can sue Sewak as well as Sahib
Sewak was acting in the course of employment when he injured the pedestrian, so Sewak is personally liable and Sahib is vicariously liable. The pedestrian can sue both.

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