SC orders Rs. 2.6Mn compensation with interest for young woman injured in 2003 bus accident

The incident occurred on February 26, 2003

The  victim, a university graduate, was hit by a private bus 

By Lakmal Sooriyagoda  

The Supreme Court has upheld a judgement awarding Rs. 2.6  million in compensation, along with legal interest to a young woman who  sustained grievous injuries in a 2003 bus accident at Gunasinhapura,  Colombo.  

The judgement was delivered by Justice Kumudini  Wickremasinghe, with Chief Justice Murdu Fernando and Justice A.H.M.D.  Nawaz agreeing. The Court affirmed the earlier decision of the Colombo  Civil Appellate High Court, thereby rejecting an appeal filed by the  owner and driver of the ill-fated omni-bus.  

The incident occurred on February 26, 2003, when the  victim, a university graduate, was hit by a privately owned bus at  Gunasinhapura. The collision caused severe injuries, leading to her  immediate hospitalisation and in-house treatment for nearly two months.  In her complaint, the victim stated that the accident left her with  permanent disability, intense physical and mental pain, and a diminished  quality of life.  

She subsequently filed legal action against the bus owner  and driver, claiming Rs. 3,030,000 in damages with interest and costs.  The Colombo District Court, after a full trial, delivered its judgement  on March 10, 2008, awarding her Rs. 2,600,150 plus legal costs. The  defendants then appealed to the Civil Appellate High Court, which on  April 2, 2015, upheld the District Court’s decision and further ordered  Rs. 50,000 in legal costs against the appellants.  

Although no further appeal was made against the findings of  liability, a dispute later arose regarding the payment of legal  interest on the awarded amount. On October 8, 2015, Sri Lanka Insurance  Corporation Ltd., acting on behalf of the defendants, tendered a cheque  for Rs. 2,600,150, the principal amount, which the victim accepted without  prejudice to her right to claim interest and legal costs.  

The victim later sought to recover a further Rs. 2.8  million as legal interest by enforcing the decree against the insurer.  However, on June 14, 2016, the Colombo District Court rejected her claim  for interest, siding with the defendants’ objections. Dissatisfied with  this decision, she appealed to the Civil Appellate High Court, which  ruled in her favour.  

The defendants then sought to challenge this ruling before  the Supreme Court. Delivering the judgement, Justice Kumudini  Wickremasinghe emphasised that denying the award of legal interest would  constitute a grave injustice and run counter to the principles of  equity, particularly in light of the victim’s prolonged suffering.  

President’s Counsel Avindra Rodrigo, with Shamalie De  Silva, Kalpani Ratnayake, and Sandun Batagoda, appeared for the victim.  Counsel Rohan Gunapala appeared on behalf of the defendants.