Deko Tommy v Motor Vehicles Insurance (PNG) Trust (1991) N1023

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 20 December 1991
• Court: National Court
• Citation: (1991) N1023
• Year: 1991
• Judgement Number: N1023

Full Title: Deko Tommy v Motor Vehicles Insurance (PNG) Trust (1991) N1023

National Court: Woods J

Judgment Delivered: 20 December 1991

N1023

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

W.S. 398 OF 1990

DEKO TOMMY

V

MOTOR VEHICLES INSURANCE (PNG) TRUST

Mount Hagen

Woods J

18 November 1991

20 December 1991

NEGLIGENCE — Motor Vehicle Accident — Liability — Passenger on vehicle that overturned — vehicle overcrowded.

DAMAGES — personal injuries — fractures to legs — village man — General Damages to include economic loss K25,000.00

Cases Cited

Tambi v The State [1988-89] PNGLR 648

Gokam v The State 1990 N. 826

Counsel

D L O'Connor for Plaintiff

A Kandakasi for Defendant.

20 December 1991

WOODS J: This is a claim for damages for injuries received in a Motor Vehicle Accident which occurred on the 21st May 1989 on the Gumine road out of Kundiawa in the Chimbu Province.

The Plaintiff was a passenger on a motor vehicle registered No AFM 399 driven by a Wai Pintina which was insured with the Defendant pursuant to the provisions of the Motor Vehicle (Third Party Insurance) Act. It is alleged that the driver lost control of the vehicle whilst he was attempting to bypass a landslide blocking the road and the vehicle went over the edge and the Plaintiff was thrown off the back of the truck and suffered injuries to his legs. The defendant does not dispute that that vehicle had an accident but alleges that the vehicle was overloaded and such overloading contributed to the accident.

The Plaintiff gave evidence that he was at his village when the truck came to collect workers to go and pick coffee. He joined others in getting onto the vehicle and it was apparently a large truck with high sides. Near Kundiawa the road was blocked by a landslide and in attempting to get around the landslide it slipped off the road and rolled down into a creek and he was thrown out, and his legs were broken.

Constable Willie Getorio from the Traffic Section at Kundiawa Police Station was the policeman who attended the accident on Sunday 21st May 1989 and he confirms that the Police Accident Report presented in evidence was the one prepared by him. He confirms that after the accident he had to enquire around to obtain the names of all the passengers injured or on the vehicle and these are the names on the Report Forms.

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