Aparekkage Wasantha Pushpakumara Perea vs Wickramage Devid – CA 977/98-2016

In Aparekkage Wasantha Pushpakumara Perea v. Wickramage Devid, North Colombo Regional Transport Board, and others, the court addressed the issue of liability for a road traffic accident resulting in serious injuries to the plaintiff. It was held that a criminal conviction or a plea of guilt by the bus driver to an offence involving the same acts of negligence is admissible as evidence in subsequent civil proceedings. The court reaffirmed the principle that a plea or conviction for conduct substantially matching the negligent acts pleaded in a civil claim may be relied upon as evidence but does not in itself conclusively establish civil liability. The findings emphasized that lack of a driving license does not automatically constitute contributory negligence absent evidence of incompetence