ROSAIRO VS. BASNAYAKE

COURT OF APPEAL
ABDUS SALAM, J
CA 901/2004 (F)
DC (COLOMBO) 21706/M
JULY 4TH 2007

Motor Accident - Damages - Negligence of defendant while driving car - Injuring passenger - Pleading in Magistrate's Court -Is it relevant? - Evidence Ordinance Section 41 (A), Section 41 (A) 2, - Damages under Law of Tort.

The plaintiff instituted action against the defendant-appellant following a vehicular accident alleged to have taken place due to the negligence of the defendant driver - the plaintiff was a passenger in the car. After trial Court awarded Rs. 1,17040/50 as special damages and Rs. 4,956,000/- as general damages. On appeal - it was contended that there was no proof of negligence and that in any event the computation of damages was wrong.

Held:

(1)    The trial Judge has in her order quite correctly taken into consideration the evidentiary value of the order in the Magistrate's Court case - where the defendant had pleaded guilty to the charges of negligent driving of the motor car and failing to avoid the accident complained of.

Per Abdus Salam, J.

"A plea of guilt is most relevant and ought to be taken into considerat