Master Divers (Pvt.) Ltd. vs Anusha Karunaratne and Others – sllr 2010 volume 1 page 403

In the case between the legal heirs and dependents of the late Capt. Janaka Karunaratna (Plaintiff) and Master Divers (Private) Ltd. (Defendant), the court addressed whether the limitation of compensation under the crew agreement (X5) applied solely to legal heirs, and if dependents could pursue additional recovery through a delictual (tort) action. It was held that the contractual limitation did not bar dependents’ claims for damages in delict for loss of support due to negligence, allowing both contractual and delictual claims to coexist. The findings established that contractual limitations cannot override statutory rights under delict, emphasizing the continued applicability of lex aquilia and procedural fairness regarding objections. The appeal by the defendant was dismissed, reaffirm