DIRECTOR BUILDING, MINISTRY OF HOUSING AND CONSTRUCTION AND ANOTHER

DIRECTOR BUILDING, MINISTRY OF HOUSING AND CONSTRUCTION AND ANOTHER

Vs.

HETTIARACHCHI AND ANOTHER

COURT OF APPEAL
NAWAZ, J.
CA/439/2000/F
DC NEGOMBO 7592/M

Negligence-Motor traffic accident-Res ipsa loquitur-Proof of negligence-Quantum of damages

In a motor traffic accident case, the defendant driver whilst admitting the accident pleaded contributory negligence on the part of the plaintiff. The defendant admitted in evidence that the brakes of his lorry were defective. The District Court held with the plaintiff and awarded a sum of Rs. 150,000 as compensation. The employer of the defendant appealed against the judgment.

Held:

1. The facts of the case qualify for the application of res ipsa loquitur. It is acknowledged that the rule res ipsa loquitur (the thing speaks for itself) is an exception to the rule that in actions for negligence the onus of proof is on the plaintiff. Where the accident could not in the normal course of events have occurred without negligence on the part of the defendant, the rule of res ipsa loquitur applies and the plaintiff discharges the burden merely by pro

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