Ariyaratne v. The National Insurance Corporation and Others – sllr 2003 volume 2 page 212

In the case between Ariyaratne (petitioner) and The National Insurance Corporation and Others (respondents), the court addressed the enforceability of a contractual benefit under the Divipiyasa Insurance Policy. The principal issue examined was whether the petitioner could invoke a writ of mandamus to compel payment under the policy, thereby treating the contractual right as a statutory obligation imposing a public duty. It was held that the obligation in question was purely contractual, governed by the specific terms of the insurance policy, without conferring any statutory duty upon the respondent. Consequently, the relief sought by way of mandamus was found inappropriate, with the court reiterating that an alternative remedy exists in the form of a civil action in contract. This decisio

REF: sllr 2003 volume 2 page 212 Category: Tag:
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