Multiple choice

Directions: Go through the problem and encircle the most appropriate answer.

A master shall be liable for the acts of his servants done in the course of employment.

HMT, a public sector undertaking, is operating a number of bus services for its employees in Bangalore. These buses are quite distinct in their appearance and carry the board “for HMT employees only”. M, a villager from neighbouring state, was waiting for a regular bus in one of the bus stops in Bangalore. A bus belonging to HMT happened to stop nearby and a number of people got into the bus. M, without realizing that it was HMT bus, got into the bus and soon thereafter, the bus met with an accident due to the driver's negligence. M, long with several others, was injured in the accident. M seeks to file a suit against HMT claiming damages.

  1. M will succeed, because he got into the bus without realizing that it was HMT bus.

  2. M will not succeed, because it was for him to find out whether it was a public transport;

  3. M, will succeed, because the driver was anyhow duty-bound to drive carefully.
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

The bus driver owed a fundamental duty of care to all passengers on the bus, regardless of whether M was an authorized HMT employee or not. The driver's negligence in causing the accident breached this duty, and M's mistake about the bus's status does not absolve the driver of responsibility. The driver was professionally obligated to drive carefully and is liable for injuries resulting from negligence.

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