EDIRIWEERA

VS.

SIVAGANKAN AND OTHERS

SUPREME COURT
MALALGODA, J.
THURAIRAJA, J.
AMARASEKARA, J.
SC/APPEAL/65/2016
SC/HC/CA/LA/137/2013
WP/HCCA/COL/123/2011
58123/MR
JULY 29, 2019

Motor Traffic Act, No. 14 of 1951, sections 99(1), 100(1)(b), 102(1) and (4), 105 to 109-Motor traffic accident-Driving after consuming intoxicating liquor-Damages-Insurance against third-party risks- Exclusion of drivers-General exceptions under the insurance policy- Further exclusion of permitted drivers-Agreements between insurer and insured vis-a-vis third-party risks-Public policy-Declaration of non liability-Delictual liability

The plaintiff, who had been knocked down and seriously injured by the motor vehicle driven by the 1st defendant (with the permission of the 2nd defendant owner), filed this action in the District Court claiming damages from both. The 1st and 2nd defendants did not contest the case. The vehicle was insured with the 3rd defendant insurance company. It was recorded as admissions at the commencement of the trial that the 1st defendant had driven the vehicle after consuming intoxicating liquor and that the plaintiff had received notice under section 109