The driver of the defendant Omni bus owner allowed the conductor to drive the Omni bus and in doing so the plaintiff was injured. The driver was sitting by the side of the conductor. Is the defendant liable?
A master is liable for the wrong done by his servant in the course of his employment. This is known as the doctrine of ‘Vicarious Liability’.
If any act is done for which the servant is not employed, then the master is not liable for the negligence of the servant. In the given case, the defendant is not liable, because the driving of the vehicle by the conductor was beyond the scope of his employment.
He was not employed by the defendant to drive the vehicle. However, the conductor is personally liable . The given case resembles the facts of a famous case Nalini Rajan Sen Gupta Vs. Corporation of Calcutta.