Jayakody Vs Jayasuriya – SLR – 216 – sllr 2005 volume 1 page 216

In the case between Jayakody (plaintiff-respondent) and Jayasuriya (defendant-appellant), the court addressed the issue of whether compensation for physical pain and suffering is recoverable under the principles of Lex Aquilia and whether the injuries claimed by the plaintiff were caused by an assault or by a fall. It was held that compensation for pain and suffering is recoverable even when its quantification is imprecise, reaffirming the legal principle that non-pecuniary damages are permissible under Lex Aquilia. The findings established that the evidence, especially medico-legal testimony, supported the conclusion that the plaintiff’s injuries resulted from an assault rather than a fall. The appellate court dismissed the appeal and upheld the decision awarding damages to the plaintiff.