Sri Lanka Insurance Co-operation vs J.D. Prinsi Pilochina Rathnayake – CA 1054/98-2013

In the case between Filomina Ratnayake and others (plaintiffs) and Sri Lanka Insurance Corporation and others (defendants), the court addressed whether proper statutory notice had been given to the insurer under Section 105 of the Motor Traffic Act, which would establish the insurer’s liability to satisfy decrees for damages following a fatal accident. It was held that the plaintiffs had failed to establish such notice, as required by statute, thereby negating the insurer’s liability. The principle reaffirmed was that strict compliance with statutory notice requirements is a condition precedent for enforcing judgment against an insurer. Reliance was placed on the Motor Traffic Act and evidentiary standards governing notice. The decision clarified that mere correspondence addressed to a par