Dias, J.G. V. Silva, S.A.G.

1953 Present: Gratiaen J. and Gunasekara J.

J. G. DIAS, Appellant, and S. A. G. SILVA, Respondent

S. C. 87-D. C. Colombo, 20,506
 

Collision-Negligence-Award of damages-Circumstances when court of appeal will interfere.

In a running down case, a court of appeal will interfere with an award of damages if it is satisfied that the trial judge has misapprehended the facts and has for that reason made a wholly erroneous estimate of the damage suffered.

APPEAL from a judgment of the District Court, Colombo.

H. W. Jayewardene, with D. R. P. Goonetilleke, for the plaintiff appellant.

H. V. Perera, Q. C., with H. Wanigatunga and M. Ramalingam, for the defendant respondent.

cur. adv. vult.

 April 28, 1953. GUNASEKARA J.-

The plaintiff, a clerk in the employ of Messrs. Hoare and Co., 37 years of age, was injured in a collision, brought about by the defendant's negligence, between a motor bicycle ridden by him and one ridden by the defendant. He sued the latter in the District Court of Colombo to recover a sum of Rs. 15,000 as damages for the personal injuries so caused, and was awarded a sum of Rs. 3,500. He appeals on the ground that t

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