Joe Danga v Motor Vehicles Insurance (PNG) Trust

• Jurisdiction: Papua New Guinea
• Judge: Sawong J
• Judgment Date: 11 December 1997
• Citation: (1997) N1665
• Court: National Court
• Year: 1997
• Judgement Number: N1665

National Court: Sawong J

Judgment Delivered: 11 December 1997

N1665

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

WS 285 OF 1996

JOE DANGA

PLAINTIFF

V

MOTOR VEHICLES INSURANCE (PNG) TRUST

DEFENDANT

Waigani

Sawong J

10 December 1997

11 December 1997

DAMAGE — Personal injuries — Evidence — Claim for damages — Proceedings under Motor Vehicles (Third Party Insurance) Act ch 295 — No Proof of all material facts relied on — Claim dismissed.

Cases Cited

Kei v MVIT [1992] PNGLR 195

Counsel

J. Appa, for the Plaintiff

Kandakasi, for the Defendant

11 December 1997

SAWONG J: The plaintiff claims damages for personal injuries suffered as a result of a motor vehicle accident which he says occurred on 7 May 1994 on the Okuk highway, near Awiamp. The plaintiff alleged in his statement of claim that the driver of the vehicle was negligent in driving the vehicle and as result an accident occurred. He suffered injuries and was hospitalised.

In support of his claim for damages, the plaintiff was the only one called to give evidence. His evidence related to him travelling in a motor vehicle, the occurrence of the accident, him being injured in the accident subsequent admission to Mt Hagen Hospital, the Kundiawa Hospital and subsequent view of his conditions by Dr Mondia in October 1997. Some were other people who were also injured in the accident, but were not called to give evidence.

The defendant called no evidence but argued that the plaintiff had failed to prove material facts which may be described as prerequisites to a success but claim against the defendant . Those facts were the ownership of the vehicle, its registration, and the fact or otherwise of insurance at the time of the accident.

In his evidence the plaintiff said that on 7 May 1994 he together with others were travelling on a vehicle registration No. HAB164. They were travelling from Kundiawa along the Okuk Highway, and as their driver was driving too fast, the vehicle overturned near Awiamp. When the vehicleoverturned he received injuries, including a fracture of the left hand. He was unconscious and was taken to Hagen Hospital.

At the hospital Dr Badier examined him. He did not finish his hospitalisation there, but was taken by his relatives to Kundiawa, because a man from Hagen who was also been injured in the same accident had died, and his relatives feared for his safety. He says that later the police extended the scene of the accident. At this point of his evidence, he was given the police accident report. This was objected to and I upheld the objection.

No policeman was called. The police accident report as not admitted as it was objected to by counsel for the defendant. I refused to admit it because neither the policeman who compiled was called nor was there any basis laid by his counsel upon which that document could have been put into evidence through the plaintiff.

In my view, this matter can be determined on the issue of whether the plaintiff has proved that the defendant is liable.

Mr Apa submitted in evidence that the plaintiff has called evidence that he sustained injuries whilst he was travelling in vehicle. He submits that the plaintiff has given evidence of the particulars of the vehicle, namely the...