Suraweera Arachchige Milton Suraweera vs Konni Arachchige Sriyanthi Samanmali – SC APPEAL 107/2019-2024

In the case between Konni Arachchige Sriyanthi Samanmali (Plaintiff) and Suraweera Arachchige Milton Suraweera (Defendant), the court addressed the issue of whether the Defendant’s conduct constituted negligence resulting in the death of a cyclist during an overtaking maneuver, and whether such negligence was supported by sufficient evidence under the Aquilian action. It was held that the Plaintiff successfully established a prima facie case of negligence on the part of the Defendant in failing to maintain a safe distance while overtaking, leading to liability for damages. The principle reaffirmed was that breach of the duty of care in traffic scenarios, when established on evidence, can result in compensatory damages even if the State is not named as a defendant. Relevant statutory and co