Diesel & Motor Engineering Co. Ltd vs Francis Milton Kevin Noronha – SC/CHC/APPEAL/39/2014-2025

The court addressed the issue of liability for negligence and the appropriate quantum of damages arising from damage to the Plaintiff’s motor vehicle while in the Defendant’s custody for repairs. It was held that the Defendant is liable for the loss caused to the Plaintiff, but the Plaintiff’s claim for Rs.25,000,000 was unsupported by evidence. Instead, damages should be awarded based on either the established cost of repairs (Rs.4,789,523.52 plus transport expenses) or the vehicle’s market value (Rs.6,780,000) where return is not feasible. The court reaffirmed the principle that damages for negligence must be substantiated and accurately quantified, emphasizing adherence to evidentiary standards and rejecting arbitrary or excessive claims. The Plaintiff’s claim was therefore recalibrated