Multiple choice

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

An employer shall be liable to the injuries caused to his employee by the negligence of a fellow employee in the course of employment. Kannappa and Veerappa were two employees working in the textile factory of Gokuldas. One day, Kannappa came to the factory in an inebriated stage and his hands were not steady while operating the machine. As a result, Veerappa who just happened to go near the machine for some work got injured. He filed a suit against Gokuldas for compensation.

  1. Gokuldas will be liable, because Veerappa was injured by Kannappa's act in the course of employment;

  2. Gokuldas will not be liable, because he was not responsible for Kannappa's inerbriated condition;

  3. Gokuldas will not be liable, because Veerappa himself should have been careful while going near Kannappa.

Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Kannappa was operating the machine in the course of his employment when the injury occurred, even though he was intoxicated. Under the principle of employer liability for negligence by fellow employees during work, Gokuldas is liable for Veerappa's injuries. The fact that Kannappa was intoxicated raises issues about workplace supervision, but does not absolve the employer of liability for negligence occurring during employment.