Namal Aracchige Namal Thilakaratne vs W.V.R. Somaratne and R.P.T.N.H. Ranasinghe – SC APPEAL NO.49/2011-2016

In the case between Namal Aracchige Namal Thilakaratne (Plaintiff‐Respondent) and W.V.R. Somaratne with R.P.T.N.H. Ranasinghe (Defendants/Appellants), the court addressed whether damages for “loss of love and affection” are recoverable under an aquilian action governed by Roman‐Dutch Law, and whether the revised calculation of damages and interest complied with the Civil Procedure Code, particularly in light of amendments to Section 192. Following a fatal motor accident, the District Court had apportioned damages between pecuniary loss and loss of love and affection. The High Court reduced the aggregate award and interest rate. The Supreme Court affirmed the High Court’s decision, upholding the awarded sum together with legal interest, and dismissed the appeals. It was determined that the