By Stanley Samarasinghe
The Court of Appeal in a landmark judgment delivered on Thursday held that a widow from Sevagama, Polonnaruwa had cause of action to claim compensation from Ceylon Tobacco Company Ltd. for the death of her husband who died of cancer due to smoking cigarettes.

The Bench comprised Justices L.K. Wimalachandra and Eric Basnayaka. The judgment, while dismissing the appeal of Ceylon Tobacco Company Ltd., affirmed the order of the Colombo District Court, given earlier in favour of the widow.

P. Lalitha Padmini Fernando’s husband Cecil Perera, who was a tailor by profession, prior to his death from lung cancer, filed a case against the Ceylon Tobacco Company.

He claimed Rs.5 million contending that he contracted cancer as result of smoking .
He died pending the hearing of the case and his widow thereupon filed a separate case claiming the Rs.5 million from the company in the District Court of Colombo.

In her plaint, Lalitha stated that her husband was addicted to smoking cigarettes manufactured by the Tobacco Company and due to heavy smoking her husband contracted cancer and died.

She stated that Tobacco Company was aware of the harmful effects caused to smokers like her husband, but refrained from revealing such facts.

The Tobacco Company filed answer praying that Lalitha’s action be dismissed and stated that her husband was aware, or deemed to have been aware, that cigarettes contained nicotine.

The company also stated that the dangers of smoking have been widely known by the general public for many years and Lalitha and her husband should have known that smoking could be harmful to health. Her husband smoked cigarettes, it was done on his own volition and knowing fully well the risks associated with smoking.

The Tobacco Company also pleaded that Lalitha did not disclose a cause of action, the cause of action, if any, was vague and that the plaint does not conform to the imperative provisions of the Civil Procedure Code, among other matters.

The District Judge held that Lalitha had set out a cause of action. The action is based on patrimonial loss. Loss caused as a result of the death of her husband.

The Tobacco Company appeal to the Appeal Court against the District Court Order was dismissed with cost.
Romesh De Silva PC with Harsha Amarasekera appeared for the Tobacco Company, Camishka Witharana appeared for Lalitha Fernando instructed by Medha N. Gamage, Attorney-at-Law.

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