Godawela Gamage Dulani Kamal Renuka et al. vs. Amarakoon Dissanayake Wasantha et al. – SC APPEAL NO. 105/2018-2019

In the case between Godawela Gamage Dulani Kamal Renuka and others (Plaintiff-Appellants) and Amarakoon Dissanayake Wasantha, Amarakoon Dissanayake Chandana and others (Defendant-Respondents), the Supreme Court addressed the issue of whether a conviction under Section 149(1) of the Motor Traffic Act is indicative of negligence by the driver in the course of an accident resulting in fatal injury to a pedestrian. It was held that such a conviction, relating to failure to avoid an accident, does not equate to proof of negligent driving under Section 151(3) of the Motor Traffic Act or Section 298 of the Penal Code. The principle reaffirmed is that liability for negligence requires specific legal and factual findings beyond mere conviction under Section 149(1). Reliance was placed on analysis o