CHAMPIKA DE SILVA

Vs

NEVILLE KODITHUWAKKU AND OTHERS

SUPREME COURT
B.P. ALUWIHARE P.C.J.
UPALY ABEYRATHNE J.
ANIL GOONERATNE
SC/APPEAL/172/2012
SC/HCCA/LA/271/2012
SP/HCCA/K AG/781 A/2012(F)
DC/Mawanella No./1143/MR
18.07.2016

Accident - Vicarious Liability -Prison Officer - Independent Act-Collided with Van - Inter Parte -Scope of employment -Official Function - Specific-Authority - Nature of Duty

A bus belonging to the Prisons Department, driven by the 1al defendant, collided with a van driven by the appellant's husband. The husband succumbed to injuries. The appellant filed action claiming Rs. 1,500,00 as damages due to the death of her husband. Damages caused to the said van claimed in a sum of Rs.200,000/- and the inability to use the vehicle for 6 months. Money claimed in a sum of Rs. 120,000/-. District Court held in favour of the plaintiff awarding damages against the 1st Defendant Respondent and dismissed the case of the 2nd and 3rd Defendants. The Appellant and the 1st defendant appealed to the High Court. The High Court dismissed both appeals. Plaintiff- Appellant - appealed to the Supreme Court.

HELD:

1. Authority clearly demonstra