Colombo Municipal Council vs Sarosha Mandika Wijeratne – SC APPEAL 117/2016-2025

The case between Sarosha Mandika Wijeratne and Colombo Municipal Council addressed the issue of negligence arising from an accident on Havelock Road. It was determined that both parties demonstrated elements of negligence, with considerations including the proper application of res ipsa loquitur, exceptions under Roman‑Dutch law for non‑pecuniary losses, and the effect of contributory negligence on damages. The decision relied on established statutory interpretation and precedent to assess liability and compute damages.

S. Thurairaja, PC, J. — The factual background was outlined, establishing that the accident occurred when the Plaintiff, while responding to an emergency, collided with a central island constructed by the Defendant. It was determined that the invocation of res ipsa loqu