Hapuarachchilage Dayarathne and Kasthuriarachchilage Jayawathie v. Seneka Permin Fernando and Kelani Vally Plantation Ltd – CA 370/2000-2000

In the case between Hapuarachchilage Dayarathne and Kasthuriarachchilage Jayawathie (Plaintiffs) and Seneka Permin Fernando and Kelani Valley Plantation Ltd (Defendants), the court addressed the issue of liability for the death of the Plaintiffs’ daughter, examining whether the 1st Defendant was responsible due to negligent driving, the alleged procedural denial of natural justice, and the question of contributory negligence. It was held that the denial of a defense witness was justified due to procedural non-compliance, and that the 1st Defendant’s negligence was established on the evidence. The principle reaffirmed was that appellate intervention is not warranted when the lower court’s findings are supported by a careful evaluation of evidence and correct procedure. The decision relied o