De Mel and Another v. Rev Somaloka – sllr 2002 volume 2 page 023

In the case between the plaintiff-appellant (claiming damages for the death of Gamage Nandasena and personal injuries) and the 1st and 2nd defendant-respondents (the registered vehicle owner and its driver), the court addressed whether a plea of guilt in the Magistrate’s Court under sections 149(1) and 151(3) of the Motor Traffic Act constitutes an admission sufficient to establish the specific acts of negligence alleged in the plaint. It was held that the plea of guilt did not amount to an admission of the particular negligent acts set out in the civil claim. Emphasis was placed on the necessity of proving by evidence the occurrence and circumstances of the accident as well as the manner of driving to establish negligence. The appeal against the dismissal of the action was itself dismisse