Martin Kilte v Motor Vehicles Insurance (PNG) Trust (1992) N1085

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 22 July 1992
• Court: National Court
• Citation: (1992) N1085
• Year: 1992
• Judgement Number: N1085

Full Title: Martin Kilte v Motor Vehicles Insurance (PNG) Trust (1992) N1085

National Court: Woods J

Judgment Delivered: 22 July 1992

N1085

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

WS NO 541 OF 1987

MARTIN KILTE

V

MOTOR VEHICLES INSURANCE (PNG) TRUST

Mount Hagen

Woods J

17 June 1992

22 July 1992

NEGLIGENCE — liability — collision between 2 vehicles — plaintiff driver claiming against other vehicle — must bring evidence of registration and insurance of other vehicle or establish category of claim under s.54 (1) of Motor Vehicles (Third Party Insurance) Act — claim dismissed.

Counsel:

A. Yer for the Plaintiff

A. Kandakasi for the Defendant

22 July 1992

WOODS J: The Plaintiff is claiming damages for personal injuries he received when the vehicle he was driving on the evening of 21st December 1985 along the Highlands Highway towards Mount Hagen from Togoba collided with a roller owned by Pangia Constructions. He was rendered unconscious and was taken to hospital where his right leg was amputated. Although he was the driver of his vehicle he is alleging that the roller was being driven in a negligent manner such that it was responsible for the accident and therefore liable for his injuries. The accident happened at about 10 pm at night and the plaintiff came upbehind the roller which was travelling towards Hagen on the same side of the road as himself. However as he approached he was confused about what the roller was as it had what looked like headlights facing towards him and he therefore assumed it was an oncoming vehicle then as he got closer he realised it was on the same side of the road as himself so he went to overtake it as it was travelling quite slwly and then another vehicle came the other way so he had to move back onto his side of the road and in doing so he collided with the roller. The Plaintiff was...