| Problem 10 Rules A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter. B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words 'in the course of the employment' mean in the course of the work which the employee is contracted to do and which is incidental to it, Facts Messrs. Zafar Abidi & Co. (Company) manufactures bidis with the help of persons known as 'pattadars'. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed hours of work or for any fixed number of days. Neither are they required to roll up any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not and pays the patters on the basis of the number of bidis that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food stall. Aashish Mathew has applied for compensation from the Company C |
| Principle A careless person becomes liable for his negligence when he owed a duty of care to others. |
| Factual Situation As the bus was leaving the platform, Kashish rushed and boarded the bus keeping the door open. Ashish, who was standing at the edge of the platform, was hit by the door of the moving bus and injured. Aashish claims compensation from Kashish. |
A) Kashish is liable to Aashish for not having taken care to close the door of the moving bus
B) Kashish is not liable to Aashish as it was the duty of the conductor of the bus to close the door
C) Kashish is not liable to Aashish, as it was the duty of the latter, to take sufficient care, while standing on the platform, as not to expose oneself to such accidental harm
D) None of the above
Correct Answer: A
Solution :
Ans.
You need to login to perform this action.
You will be redirected in
3 sec
