Balapatabendige Piyadasa vs B. A. Don Jayantha Hemakumara – CA 286/1998-2013

The case between Balapatabendige Piyadasa (Plaintiff-Appellant) and B. A. Don Jayantha Hemakumara (Defendant-Respondent) addressed the issue of whether the Defendant negligently caused injuries to the Plaintiff by striking him with a vehicle, and whether a guilty plea entered by the Defendant in criminal proceedings constituted conclusive proof of negligence in subsequent civil litigation. It was determined that the District Court did not err in preferring the Defendant’s version, supported by factual and medical evidence, and that a conviction or plea of guilt in criminal court constitutes only a relevant fact but not conclusive evidence of civil liability under the Evidence Amendment Act No. 33 of 1998, Section 41. The appeal was dismissed, reaffirming the principle that criminal convict

REF: CA 286/1998-2013 Category: Tag:
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