L.W.D Udaya Athula vs Wadutantirage Verjiniya Shirani Fernando – SC APPEAL NO 143/2018-2025

The Supreme Court of the Democratic Socialist Republic of Sri Lanka reviewed an appeal under Section 5C of the High Court of the Provinces (Special Provisions) Amendment Act No. 54 of 2006 in case SC APPEAL NO. 143/2018. The plaintiffs, Wadutantirage Verjiniya Shirani Fernando, Gihan Jenius Moses, Sheyani Verjiniya Moses, and Enila Jekila Moses, sought damages for a fatal accident allegedly caused by the negligence of the defendants, Manager, Shanak International (Pvt) Ltd, and L.W.D Udaya Athula. The District Court of Colombo awarded damages based on findings of negligence, supported by a guilty plea in the Magistrate Court, a decision later upheld by the High Court. The appellant contested the award, citing contributory negligence of the deceased.

K. Kumudini Wickremasinghe, J. determ