1931 Present: Akbar and Maartensz A.J.

MACK v. PERERA.

280-D. C. Colombo, 30,211.

Joint tort feasors-Payment of damages by one-Pro tanto satisfaction of liability-Accord and satisfaction.

A payment by one of several tort feasors to the person who has suffered damages operates as an accord and satisfaction to the extent the payment.

Where it is asserted that the payment was in full discharge of the liability, the burden of proof lies on the the party who asserts it.

APPEAL from a judgment of the District Judge of Colombo.

F. A. Hayley, K.C. (with him Navaratnam), for defendant, appellant.

R. L. Pereira, K.C. (with him H. E. Garvin), for plaintiff, respondent.

September 4, 1931. AKBAR J.-

In this action the plaintiff claimed against the defendant Rs. 5,000 as damages sustained by him in a motor car collision. In his plaint the plaintiff claimed this sum as the full damages sustained by him in the collision and there is not a word in it showing that he had restricted the actual damages to Rs. 5,000 for the purposes of this case. The District Judge gave judgment in favour of the plaintiff for the full sum claimed. Mr. Hayley, who appeared