Ediriweera vs. Sivagankan and Others – sllr 2020 volume 1 page 282

In the case between Ediriweera (Plaintiff) and Sivagankan and Others, including Union Assurance General Limited (Defendants), the court addressed whether an insurance policy exclusion clause—specifically “item 5,” which excludes liability when a vehicle is driven following consumption of intoxicants—adequately identifies an excluded driver under Section 102(4)(c)(i) of the Motor Traffic Act, and whether such an exclusion aligns with the statutory mandate of compulsory third-party insurance for public protection. The findings established that the exclusion clause was imprecisely worded and inconsistent with public policy objectives inherent in the statutory scheme. The decision restored the District Court’s order holding the insurer liable, reaffirming the principle that exclusions must be