Kaluwalage Champika Kumari De Silva vs. Kodithuwakku Arachchige Neville Kodithuwakku et al. – SC APPEAL 172/2012-2012

In the case between Kaluwalage Champika Kumari De Silva (Appellant/Plaintiff) and Kodithuwakku Arachchige Neville, the Commissioner General of Prisons, and the Hon. Attorney General (Respondents/Defendants), the court addressed whether the 1st Respondent bus driver acted within the scope of employment while engaging in an unauthorized journey, thereby implicating vicarious liability of the 2nd and 3rd Respondents. It was held that the bus driver’s deviation for personal use, without proper authorization in contravention of regulatory circulars 3V2 and 3V3, fell outside the scope of employment. Consequently, the 2nd and 3rd Respondents could not be held vicariously liable. The ruling reaffirmed the principle that liability does not attach for acts outside the course of employment, relying o