IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA Francis Milton Kevin Noronha, Joseph’s Corner, 188 B Perry Road, Bandra, Mumbai 4000050, India.

SC/CHC/APPEAL/39/2014 and also of:

CHC Case No. 420/11/MR No. 13, Templer’s Road, Mt. Lavinia. PLAINTIFF -VS-

Diesel & Motor Engineering Co. Ltd, No. 65, Jetawana Road, Colombo 14.

DEFENDANT AND NOW BETWEEN Francis Milton Kevin Noronha, Joseph’s Corner, 188 B Perry Road, Bandra, Mumbai 4000050, India.

and also of:

No. 13, Templer’s Road, Mt. Lavinia.

PLAINTIFF-APPELLANT -VS-

Diesel & Motor Engineering Co. Ltd, No. 65, Jetawana Road, Colombo 14.

DEFENDANT-RESPONDENT ************************ SC/CHC/APPEAL/39A/2014 CHC Case No. 420/11/MR Francis Milton Kevin Noronha, Joseph’s Corner, 188 B Perry Road, Bandra, Mumbai 4000050, India.

and also of:

No. 13, Templer’s Road, Mt. Lavinia. PLAINTIFF -VS-

Diesel & Motor Engineering Co. Ltd, No. 65, Jetawana Road, Colombo 14.

DEFENDANT AND NOW BETWEEN Diesel & Motor Engineering Co. Ltd, No. 65, Jetawana Road, Colombo 14.

DEFENDANT- APPELLANT -VS-

Francis Milton Kevin Noronha, Joseph’s Corner, 188 B Perry Road, Bandra, Mumbai 4000050, India.

and also of:

No. 13, Templer’s Road, Mt. Lavinia.

PLAINTIFF-RESPONDENT Before: Hon. E.A.G.R. Amarasekara, J.

Hon. Kumudini Wickremasinghe, J.

Hon. A.L. Shiran Gooneratne, J.

Counsel: Uditha Egalahewa PC with Miyuru Egalahewa for the Plaintiff-Appellant in SC.CHC. Appeal No. 39/14 and for the Plaintiff-Respondent in SC. CHC. Appeal No. 39A/14.

Chandaka Jayasundera PC with Rehan Almedia, Naduni Madara, Sayuri Liyanasuriya and Mohomed Yusuf Atheeq for the Defendant-Appellant in SC.CHC. No. 39A/14 and Defendant-Respondent in SC.CHC. Appeal No. 39/14.

Argued on: 04.11.2022 Decided on: 23.05.2025 E.A.G.R. Amarasekara, J.

SC. CHC. Appeal No. 39/14 filed by the Plaintiff-Appellant (hereinafter referred to as “Plaintiff”) and SC. CHC. Appeal No. 39A/14, filed by the Defendant-Appellant (hereinafter referred to as “Defendant”), are appeals against the Commercial High Court Judgment in CHC Case No. 420/11/MR, dated 20.12.2013. The Plaintiff and Defendant have agreed that Court can deliver one Judgment for both SC. CHC. Appeal No. 39/14 and 39A/14 and both parties further agreed to limit their submissions to the issue of quantum of damages. (vide Journal Entry dated 04.11.2022)

On or around 05.05.2006, the Plaintiff filed his Plaint in the District Court of Colombo in Case No. 52018/MR, and described the cause of action as follows:

¥ The Defendant is a duly incorporated company with limited liability having its registered office and/or principal place of business at No. 65, Jetawana Road, Colombo 14.

¥ At all times material, the Plaintiff was the owner of the motor car bearing registration No.

WPGN-0007 (Red Mitsubishi Evolution VII) and the same was entrusted to the Defendant for repairs.

¥ The car was in the possession and/or control of the Defendant, and therefore, the Defendant had a duty of care towards the Plaintiff’s said motor car.

¥ Whilst the car was in the possession and control of the Defendant, it was placed on a hoist in or about 11.03.2005.

¥ On that date, an employee of the Defendant acting in the course of her employment reversed another car and caused damage to the Plaintiff's vehicle.

¥ Thus, the Defendant breached the duty of care owed by the Defendant to the Plaintiff and caused the said damage and the said damage was caused due to the negligence of the Defendant.

¥ Therefore, the Defendant was liable to pay the Plaintiff the loss and damage suffered by the Plaintiff in respect of the said damage to the vehicle.

¥ The Plaintiff estimated the said damage at Rs. 25,000,000/- and demanded the same from the Defendant. However, the Defendant failed and/or neglected to pay the Plaintiff the said sum or any part thereof.

As a result, the Plaintiff prayed for damages in a sum of Rs. 25,000,000/- with legal interest until the date of the Plaint and legal interest on the aggregate sum until the payment is made in full.

In resp