Sarath Kumara Perera v. Winifred Keerthiwansa and Others – sllr 1993 volume 2 page 274

In the case between the widow and dependent children of G. W. Keerthiwansa (plaintiffs) and the employer-owner of a motor car and driver, Abdul Majeed Sally (defendant), the court addressed whether an employer is vicariously liable for the negligent acts of a driver who, despite oral instructions to the contrary, picked up passengers and caused a fatal accident. The court held that ostensible authority based on the red number plate and the circumstances created apparent authority for the driver to carry passengers, establishing vicarious liability for the employer. The decision reaffirmed the principle that secret instructions limiting an employee’s authority cannot defeat the rights of third parties acting on ostensible or implied authority. The judgment relied on established precedents c