2021 Passara accident: SC dismisses FR petition, says RDA not responsible

The Supreme Court has dismissed a Fundamental Rights petition seeking to hold the Road Development Authority (RDA) and others responsible for a bus accident that claimed the lives of 14 passengers and left 35 injured in Passara in 2021.

The petition was filed by five people including the children whose parents were killed in the accident and two of their grand parents. The parents were Benadict Medona and Anthoni Saminoda.

The petition was taken up before a bench comprising justices P. Padman Surasena, Jank de Silva and Priyantha Fernando.

The petitioners stated that the road had been partially obstructed by a boulder which had fallen onto the road due to a landslide which had occurred on November 20, 2020, - four months prior to the accident and as a result of which the two-lane road had been narrowed down to a single-lane. This meant no two vehicles could pass on the road at the same time.

According to the petitioners, a tipper truck had been approaching from the opposite direction towards Lunugala at the double bend which had caused the bus driver to swerve to the edge of the road to make room for the tipper truck. However as a result of this, the front wheel of the bus had slipped off the road causing the bus to fall down the cliff.

The petitioners while admitting that it was the negligence of the bus driver that caused the deaths, also mentioned that if not for the inaction or omissions of the respondents, this accident would not have happened.

They said the respondents primary duty and responsibility were for the maintenance of the roads and it was their duty to ensure the ultimate safety of the general public.

In written submissions tendered to this court by the petitioners, they maintained that the RDA has a duty to ensure the safety of the public.

However, the RDA had explained to courts as to why they were unable to remove the boulder at the very instance of the landslide.

They said however they had initiated measures to do chemical blasting. Moreover, they had taken necessary precautions to warn the public.

Despite warning signs being present or not, the bus driver as someone using the same route daily, ought to have been aware of the boulder which had been there for the past four months, the courts held.

Accordingly the court held that rights of the petioners hold that the respondents are not in violation of Article 12(1) of the Constitution.

Deputy Solicitor General Lakmali Karunanayake appeared for the respondents while Harsha Fernando with Chamith Senanayake and Yohan Cooray instructed by Dimuth Kuruppuarachchi appeared for the construction company. Thusitha Wijekoon appeared for the petitioners .