Graham Mappa v PNG Electricity Commission (1992) N1093

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 25 August 1992
• Court: National Court
• Citation: (1992) N1093
• Year: 1992
• Judgement Number: N1093

Full Title: Graham Mappa v PNG Electricity Commission (1992) N1093

National Court: Woods J

Judgment Delivered: 25 August 1992

N1093

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

WS 887 OF 1990

GRAHAM MAPPA

V

PNG ELECTRICITY COMMISSION

Mount Hagen

Woods J

7 July 1992

25 August 1992

DAMAGES — measure of — Property damage — motor vehicle damaged in accident — claim for loss of profit.

Cases Cited

Kopen v The State [1988-89] PNGLR 659

Topa v The State (1991) Unreported

Counsel

P Dowa for the Plaintiff.

J Kil for the Defendant.

25 August 1992

WOODS J: This is a claim for damages for loss of income following damage cause to the Plaintiff's Isuzu 25 Seater passenger bus on 19th August 1989 when it was involved in a collision with a vehicle owned by the Defendant.

The facts are that both vehicles were travelling on the Okuk Highway near Mount Hagen in opposite directions and collided head on. Both drivers died instantly.

The only evidence on the circumstances of the accident was a person who lived near the scene of the accident and describes an "Elcom Toyota landcruiser was speeding down the road when I saw it travelling very fast down the Elcom vehicle had moved to right hand side of the road and I told lady this vehicle will overturn and crash into oncoming vehicle. At that moment speeding Elcom vehicle went and bumped into bus while bus had its wheel off the side of the Bitumen".

The Police Constable who attended the scene after the accident determined from the position of the vehicle after the accident and the skid marks that the Elcom vehicle had went across the road from his left hand side on to the other side in front of the bus and therefore was the cause of the collision.

There is no other evidence on the circumstances of the accident. It is submitted that the Police Officer arrived well after the accident so cannot be sure of the circumstances. It is submitted that the other witness was too far away to be sure of the circumstances and that he also belonged to the same clan as the plaintiff.

However there is no other evidence on the circumstances so on the balance of probabilities the court can accept the only evidence it has and the credibility of the police report and find that it was the driver of the Elcom vehicle who was negligent and there was no evidence of any negligence in the driver of the PMV. I therefore find that the defendant is liable in any claim for damages.

As a result of the collision the Plaintiff's...