NILMINI DHAMMIKA PERERA VS. NALINDA PRIYADARSHANA

NILMINI DHAMMIKA PERERA VS. NALINDA PRIYADARSHANA
AND TWO OTHERS

SUPREME COURT
TILAKAWARDANE, J.
EKANAYAKE, J. AND
EVA WANASUNDARA, PC., J.
S. C. APPEAL NO. 67 /2012
SC/JCCA/LA NO. 360/2011
WP/HCCA/AV. NO. 565/2008
D. C. AVISSIAWELLA NO. 23240/M
MARCH 1ST, 2013

Delict - Vicarious Liability - Employer is liable for the negligent act of the employee - Damages for physical injury

The Plaintiff - Respondent - Respondent (Respondent) alleged that the 1st Defendant -Appellant-Appellant (Appellant), the owner of the lorry bearing No. WP CJ 2267 had deliberately knocked down the Respondent from behind, and after stopping the lorry, the driver along with the husband of the Appellant had got off the lorry and assaulted the Respondent. The Respondent was badly injured and at the time he gave evidence in Court, he was paralyzed below waist, on a wheel chair, due to the injuries he had sustained. The Appellant's husband and the driver were indicted for attempted murder in the High Court.

The appeal against the judgment of the District Court was dismissed by the Civil Appellate High Court. The High Court Judge concurring

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