Upgrad LLM

employee liable for any loss/penalty cause to company for???



Can employee liable for any damages cause to company for his mistake in following sitiation

 

1. In Transport - passenger company (i.e. Bus service), if one driver (employee of company) driving a passenger bus and bus suddenly meet accident with another bus on road, then bus become damge and also some passenger injure and driver also injure , in this case who is resposible . can driver repay loss damges to bus to company????  (driver salary is Rs. 6000 per month, if loss to bus Rs. 4,32,000)

2. Company appointed lawyer for counstalting corporate issue and Sales tax matter... after having a great qualified lawyer company have received notice from Sales tax department regarding wrong applied vat rate in goods.. can lawyer liable to pay difference amount of vat which is demaned by sales tax authorities? (lawyer appointed is come to company day to day basis as employee , not a professional)


Please comment and help to us, regarding can employee liablet pay any damages to company

 

 

 

 
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Advocate&consultant

[ 1 ] First the negligence has to be proved as to who is at fault.

secondly the insurence company will pay the amount for the dameges as the bus is insured with some insurence company.

So thereafore , the employee is not liable to pay the damages.

[ 2 ] If the lawyer is on the pay roll as an employee, then he is liable to penalised.Otherwise , if he is rendering services as an independent and not on the pay rolls, issue a notice to him and make good the loss occured to the company otherwise will face the complaint in the consumer court deficiency of service.

srishaila,advocate,bangalore,9741425514,sdharani120@gmail.com


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