Metiwalage Newton Bandarawaththa vs Sri Lanka Transport Board – CA 947/98 F -2013

The case between Ihaleck Kankanamalage Vasantha Kumarathilaka (substituted by A.M. Nanda Jayalath Abewickrama and others) and Metiwalage Newton Bandarawaththa with the Sri Lanka Transport Board addressed the validity of an appeal concerning a District Court judgment regarding a bus accident and resulting damages. It was determined that the appeal was not validly filed within the statutory 60-day period prescribed by Section 755(3) of the Civil Procedure Code. The findings established that liability of the 2nd defendant (Sri Lanka Transport Board) could be grounded on the employment relationship with the bus driver, rather than requiring strict proof of registered ownership. The District Judge’s assessment of damages, based on both property value and restoration costs, was upheld. This deci