P.P. Panditharathna vs K. Dharmasena – CA 1311/1996-2011

The case between P.P. Panditharathna (Plaintiff-Appellant) and K. Dharmasena and W.K. Lionel (Defendant-Respondents) addressed the issue of liability in a traffic accident involving a collision between a motor cycle and a bus. The court examined whether the 2nd Defendant-Respondent (bus driver) was negligent and liable for damages or whether the event constituted an “inevitable accident” precluding liability in tort. The findings established that the Plaintiff-Appellant was responsible for entering the main road without due care, resulting in the accident. It was determined, upon review of both factual and legal issues, that the trial court was correct in dismissing the claim due to the absence of negligence on the part of the bus driver. The holding reaffirmed the principle that appellate