Lucy Kongupi v Motor Vehicles Insurance (PNG) Trust (1992) N1043

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 04 March 1992
• Court: National Court
• Citation: (1992) N1043
• Year: 1992
• Judgement Number: N1043

Full Title: Lucy Kongupi v Motor Vehicles Insurance (PNG) Trust (1992) N1043

National Court: Woods J

Judgment Delivered: 4 March 1992

N1043

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

WS NO 700 OF 1989

LUCY KONGUPI

V

MOTOR VEHICLES INSURANCE (PNG) TRUST

Mount Hagen

Woods J

6 February 1992

4 March 1992

NEGLIGENCE — Personal Injuries — motor vehicle accident — fell off back of utility — liability — vehicle not properly identified — no negligence in driver.

Counsel

P Kopunye, for the Plaintiff

K Yalo, for the Defendant

4 March 1992

WOODS J: The Plaintiff is claiming damages for injuries received when she fell off a motor vehicle onto the roadway alleging that she fell off through the negligent driving of the motor vehicle. She claims that the motor vehicle involved was a green Toyota Hilux registered No AEL 388 owned and driven by a Dennis Philip.

The Plaintiff's story is that she and her cousin were in Mt Hagen on the 14th of November, 1984 and they wished to return to their village down at Baiyer and they accepted a ride on the subject vehicle which they recognised as a vehicle that occasionally bought coffee in the area. She and her cousin say they paid K2 each for the ride. When the vehicle had got to near her village she had started to worry about the behaviour of two other men who had been drinking on the back of the truck and it was getting dark and the vehicle did not stop to let her and her cousin off at their village. So after her cousin tried to signal the driver from the crew's side she got up and leant over to hit the window of the driver's side. The driver's window was up because it was starting to rain and because of the slippery and bumpy road she fell off the back of the vehicle. She suggested that the vehicle was travelling too fast in the circumstances and the car bumped too much so she fell off. She apparently fell on her head and bcame uncounscious as she did not regain consciousness...