K.A. Gunawathi and others vs Pulukkutti Arachchige Niluka Suranji Anuradha “Lakmini” – SC Appeal No: 143/2017-2025

This case involves an appeal concerning the award of interest on damages in a personal injury claim between Pulukkutti Arachchige Niluka Suranji Anuradha (Plaintiff/Respondent) and K.A. Gunawathi and Balagage Susantha Kamal (Defendants/Appellants). The Supreme Court addressed whether the High Court erred in granting interest when the original District Court judgment was silent on the matter. The court considered Section 192 of the Civil Procedure Code, comparative jurisprudence, the trial judge’s signature on the decree including interest, the severe and permanent nature of the plaintiff’s injuries, and the prolonged litigation. The decision affirmed the High Court’s ruling, finding that denying interest would be inequitable and contrary to justice.

Justice K. Kumudini Wickremasinghe de

REF: SC Appeal No: 143/2017-2025 Category: Tag:
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