Supreme Court rules in favour of Road Development Authority in Passara bus accident case

In a judgment delivered on Thursday (23), the Supreme Court concluded that the respondent parties including the Road Development Authority (RDA) did not violate the fundamental rights of the petitioner connected to the tragic Passara bus accident of 2021, which claimed the lives of 14 passengers and left 35 individuals injured.

The petition filed by three children and their grandparents,accused the RDA of negligence leading to the accident that resulted in their parents’ demise.The Court, while dismissing the Fundamental Rights petition, clarified that the respondents did not breach Article 12 (1) of the Constitution.

The incident occurred on 20 March 2021, at approximately 6:45 a.m., when a private bus from Lunugala to Colombocarrying about 60 passengers, veered off the road and plunged into a 250-foot precipice near the 13th milepost on the Lunugala-Passara Road.

The petitioners attributed their parents’ tragic fate to the RDA’s actions, inactions, or oversights, specifically referencing a previously obstructed road caused by a boulder following a landslide four months before the accident.

Acknowledging the bus driver’s negligence as a contributing factor to the fatalities, the petitioners stressed that the respondents, primarily responsible for road maintenance, failed in their duty to prevent the incident.

The Supreme Court acknowledged the RDA’s efforts to clear more than 40 landslides since the initial incident, including the boulder obstructing the road. The RDA’s explanation highlighted the risks involved in removing the boulder immediately after the landslide, considering potential dangers to nearby residences during the monsoon season.

The Court noted the precautions taken by the RDA, such as placing warning signs and illuminating stickers at the accident site, as evidence of their efforts to caution the public.

Justices Preethi Padman Surasena and Janak de Silva, concurring with Justice Priyantha Fernando, ruled to dismiss the petition without costs.Counsel Thusitha Wijekoon represented the Petitioners, while Deputy Solicitor General Lakmali Karunanayake appeared for the respondents.