Wanakkuwatta Waduge Nirosh Priyasad Fernando vs Subramaniam Indrajith and Hettiyakandage Jagath Jayalal Fernando – SC APPEAL NO. 150/2012-2014

In the case between Wanakkuwatta Waduge Nirosh Priyasad Fernando (“Swarna”) and Subramaniam Indrajith with Hettiyakandage Jagath Jayalal Fernando, the Supreme Court addressed whether post-accident achievements—specifically, the appellant’s decision to pursue higher studies abroad—should be considered as mitigating factors when assessing compensatory damages for injuries sustained in a road accident. It was held that such subsequent improvements in circumstances should not reduce the compensatory damages due for injuries suffered. The Court reinstated the District Court’s damages award, emphasizing that the proper measure of damages rests on the original detriment and not any beneficial developments thereafter. Reliance was placed on established principles of compensation in tort, underscor