K.A. Gunawathi vs Pulukkutti Arachchige Niluka Suranji Anuradha “Lakmini – SC APPEAL 143/2017-2025

The court addressed the issue of whether legal interest should be awarded on the decreed sum when the judgment itself was silent on interest, with reference to the discretion provided under Section 192 of the Civil Procedure Code. It was held that, in the context of prolonged litigation arising from a motor accident that inflicted severe and permanent injury on the plaintiff, denying legal interest would be inequitable. The court reaffirmed the principle that statutory discretion to award interest must be exercised to achieve fairness and economic justice, especially when judicial delays prolong the deprivation of compensation. Reliance was placed on the relevant provisions of the Civil Procedure Code, comparative jurisprudence, and principles of equity, emphasizing that statutory silence

REF: SC APPEAL 143/2017-2025 Category: Tag:
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