MANAGING DIRECTOR, RASIPURAM UNION MOTOR SERVICE Vs. RAMASWAMY GOUNDAN

JUDGEMENT

(1.) THIS appeal arises out of a suit for damages for the injuries sustained by the plaintiff when he was travelling in the defendant's bus, consequent on the negligent driving of the bus.

(2.) ON 4th July, 1948, the plaintiff was travelling in the bus of which the defendant was the Managing Director of the Rasipuram Union Motor Service, Ltd., Rasipuram, who were the owners. The accident in this case is stated to have happened after the bus left Namagiripet, at a place 12 miles from that place. The bus in which the plaintiff was travelling dashed against another bus, with the result that his left hand little finger, according to the plaintiff, had been disfigured, and he had received other minor injuries on his body. His case was that he was prevented from doing any work for four months and he claimed Rs. 1000 as and for damages.

(3.) THE trial Court accepted the defendant's contention, following the decision of the Privy Council in Canadian Ry. Co. v. Lockhart (1943) A.L.J. 277 : A.I.R. 1943 P.C. 63 and Oma Parshad v. Secretary of State I.L.R. (1937) Lah. 380 : A.I.R. 1937 Lah. 572. In the latter case it was observed: Where, however, the servant, merely avails himself of the opportunity afforded by his employment to commit the tort solely for his own purposes, the master is not liable. The trial Court therefore held that the defendant could not be made responsible for what had happened though on account of the act of the servant, but the same not being the result of the act of the servant within the scope of his employment, as the conductor was not charged with the duty or employed by the defendant for the purpose of driving the bus.