BAIDYA NATH BOSE Vs. EMPEROR

JUDGEMENT

(1.) In this case the petitioner has been convicted under Part II, rule 3, read with rule 19 of the rules framed by the Governor-in-Council under Section 11 of the Indian Motor Vehicles Act, VIII of 1914, for the purpose of regulating the use of motor vehicles in Calcutta.

(2.) The petitioner is the owner of Taxi cab No. B. E. 1, and it has been found that on the night of the 14th September last the licensed driver placed by the petitioner in charge of his car drove so negligently as to overturn the car into a roadside drain and cause injury to the passengers.

(3.) It is not disputed that the driver has thereby contravened rule 19, and the question is whether, by virtue of rule 3, the owner against whom, on the disappearance of the driver, proceedings have been taken, is liable for the acts and conduct of his servant.