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1 1 A IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application under and in terms of Articles 17, 126 and Chapter VI of the Constitution of the Democratic Socialist Republic of Sri Lanka. . Sebastian Benadic 2. Aiiyasamy Sellanayagi SC (FR) APPLICATION NO. 335/2021 3. Eugenia Nova 4. Eron Cleture Nova 5. Evan Galena Nova ll are of; “Kanthi” Niwasa, Nagaraya, Lunugala. Petitioners Vs. . Kodithuwakku Arachchilage Nihal Chandrakantha, No. 170/04, Rukmalgama Road, Kottawa, Pannipitiya. and Ambalangoda Kotasa, Hopton, Lunugala. 2. Dissanayakalage Chandra Kumara, 1
No.26/01, Siri Nithikarama Road, Dalupitiya, Kadawatha. 3. Mahambadu Ibrahim Ahmad Sajeer, Executive Engineer (Uva Province), Road Development Authority. 4. Gamasinghe Arachchilage Dilip Indunil Wimaladharama, (Badulla-Chenkaladi Road Development Project Engineer), Road Development Authority. 5. L. V. S. Weerakoon, The Director-General, Road Development Authority. 6. T. K. M. Galappaththi, Provincial Director (Uva), Road Development Authority. 7. Chandana Athuluwage, The Chairman, Road Development Authority. 8. Road Development Authority, All 3rd to 8th Respondents are of; No.216, Denzil Kobbekaduwa Mawatha, Koswatta, Battaramulla. 9. R. W. R. Premasiri, The Secretary, Ministry of Highways, “Maganeguma Mahamedura”, No. 216, 9th Floor, Denzil Kobbekaduwa Mawatha, Koswatta, Battaramulla. 2
10. Johnstan Fernando, The Minister, Ministry of Highways, “Maganeguma Mahamedura”, No. 216, 9th Floor, Denzil Kobbekaduwa Mawatha, Koswatta, Battaramulla. 10(A). The Minister, Ministry of Highways, “Maganeguma Mahamedura”, No.216, 9th Floor, Denzil Kobbekaduwa Mawatha, Koswatta, Battaramulla. 11. AMSK Constructions (Pvt) Ltd, No. 1/29, New Town Madampe, PX 61230. 12. Ajith Rohana, Senior Deputy Inspector General (Crimes and Traffic Range), Police Department of Sri Lanka, Colombo 01. 13. Indika Hapugoda, (Senior Superintendent of Police), Director of Traffic Management and Road Safety, Traffic Headquarters, Traffic Management and Road Safety Division, No. 03, Mihindu Mawatha, Colombo 12. 3
B A D L H 14. R. M. Palitha Senevirathne, Officer in Charge, Passara Police Station, Passara. 15. C. D. Wickremarathne, Inspector General of Police, The Department of Police of Sri Lanka, Colombo 01. 16. Hon. Attorney General, Attorney General’s Department, Colombo 12. Respondents efore : P. Padman Surasena, J Janak De Silva, J K. Priyantha Fernando, J Counsel : Thusitha Wijekoon for the Petitioners. akmali Karunanayake, DSG for the 3rd to 9th and 16th Respondents. arsha Fernando with Chamith Senanayake and Yohan Cooray instructed by; Dimuthu Kuruppuarachchi for the 11th Respondent. rgued on : 11.09.2023 ecided on : 22.11.2023 4
K. PRIYANTHA FERNANDO, J 1. This application stems from the bus accident, also known as the, “Passara Bus Accident”, which claimed the lives of 14 passengers, while leaving 35 individuals injured. The petitioners’ claim that at the time the bus accident occurred, Benadict Medona and Anthoni Saminoda, the mother and father of the 3rd to 5th petitioners, had also been travelling in the same bus and were unfortunately found among the dead. The 3rd to 5th petitioners are the children of Benedict Medona and Anthoni Saminoda. The 1st and 2nd petitioners are the grandparents of the 3rd to 5th petitioners. The petitioners claim that the most prominent cause for the death of Benadict Medona and Anthoni Saminoda (hereinafter referred to as the “Deceased”) w
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