Tumunda Toropo v Jack Awabe and The State (2001) N2116

• Jurisdiction: Papua New Guinea
• Judge: Hinchliffe J
• Judgment Date: 01 August 2001
• Court: National Court
• Citation: (2001) N2116
• Year: 2001
• Judgement Number: N2116

Full Title: Tumunda Toropo v Jack Awabe and The State (2001) N2116

National Court: Hinchliffe J

Judgment Delivered: 1 August 2001

N2116

PAPUA NEW GUINEA

[In the National Court of Justice]

WS. No. 178 of 2000

BETWEEN:

TUMUNDA TOROPO

Plaintiff

AND:

JACK AWABE

-1st Defendant-

THE STATE

-2nd Defendant-

Mt. Hagen: Hinchliffe J

2001: 7 May & 1 August

Personal Injuries — Motor Vehicle accident — Damages for pain and suffering — Part economic loss — Broken fractured leg — fracture reduced — Bruising — 10% to 15% loss of effective use of right leg — General damages awarded in the sum of K 9,500.

P. Dowa for the plaintiff.

1 August, 2001

Hinchliffe J: This is an assessment of damages in relation to injuries received by the plaintiff in a motor vehicle accident on the 19th July, 1999. The defendants have elected not to defend the claim and hence Default judgement was entered on the 30th May, 2000. The only evidence before the Court is an affidavit of the plaintiff dated the 31st October, 2000. Annexed to that affidavit is a Medical report of Dr. N. Badia dated the 5th November, 1999.

It reads as follows:

5th November, 1999

TO: WHOM IT MAY CONCERN

RE: MEDICAL REPORT — TUMUDA TOROPO, MALE/ADULT

The above mention person was seen in the Consultation Clinic after discharge from the Hospital on the 30/07/99.

Patient had a compound fracture of right tibia which was pinned and causes severe pain on moving the limb.

He had received bruises on the upper part of the whole right leg which took cover later.

On examination, it shows to have no problem with the superficial injuries but should have some internal problems in the future.

In my opinion the patient may have lost about ten (10%) to fifteen (15%) of his normal function of the right limb.

For your information only.

DR N. BADIA

Surgical Register

Mount Hagen Hospital

In paragraphs 6, 7 and 8 of the plaintiff's said affidavit, he says as follows:-

As a result of the accident I received severe injuries which are particularized in the medical report. I particularly sustained a fracture to my right tibia and bruises to various parts of the body. I was then admitted to Mount Hagen General Hospital for treatment where I received treatment. Also particulars of treatment are set out in the medical report of Dr. Badia. The fracture side was reduced; I was given an analgesic and antibiotics. As a result of the injuries I now have permanent disabilities. I found it difficult to travel, carry or take on weight. I found it difficult to play and run.

However the fracture was reduced and I was in plaster cast. Because of the injuries I was not able to return to my job of driving. I was unable to get a job. I was out of work for eight months. I was able to get employed again as a PMV driver. I am currently driving Inpeta Angela's vehicle. Because of the injuries I was out of job...