Moki Gelua v Motor Vehicles Insurance (PNG) Trust (MVIT)

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 13 December 1993
• Citation: (1993) N1193
• Court: National Court
• Year: 1993
• Judgement Number: N1193

National Court: Woods J

Judgment Delivered: 13 December 1993

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

WS 177 OF 1991

MOKI GELUA

v

MOTOR VEHICLES INSURANCE (PNG) TRUST>

Mount Hagen

Woods J

2 November 1993

13 December 1993

NEGLIGENCE — Motor Vehicle Accident — Liability — Plaintiff on back of open back utility — identification of the vehicle — onus not satisfied — claim dismissed.

Cases Cited:

The following cases are cited in the judgement:

Alo v MVIT [1992] Unreported N1122

Kilte v MVIT [1992] Unreported N1085

Counsel:

D O'Connor for the Plaintiff

A Kandakasi for the Defendant

13 December 1993

WOODS J: The Plaintiff is claiming damages for injuries he received when he was involved in a motor vehicle accident on the 21st January 1989 on the Okuk Highway near Chuave in the Simbu Province. The Plaintiff claims that he was on a motor vehicle registered number AFI 511 driven by Sine Gelua which went out of control due to the negligent driving of Sine Gelua and overturned and caused the plaintiff injuries to his right hand and general abrasions to the body.

The Plaintiff claims that the subject motor vehicle was a duly registered motor vehicle which was properly insured under the Motor Vehicles (Third Party Insurance) Act at the time of the accident and thus this claim is being brought against the Defendant.

The Defendant denies that the vehicle was registered and insured at the time of the accident and further denies that The Plaintiff was injured through the negligence of the driver.

The Plaintiff gave evidence that he got onto the vehicle at Madang, said it was a PMV and that the accident happened near Chuave on the Highway when criminals blocked the road and in trying to avoid the criminals the vehicle overturned. He says he was thrown out of the vehicle and rendered unconscious and part of his hand was...