Waro Moses v MVIT

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 22 July 1993
• Citation: [1993] PNGLR 63
• Court: National Court
• Year: 1993
• Judgement Number: N1159

National Court: Woods J

Judgment Delivered: 22 July 1993

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

WARO MOSES

V

MOTOR VEHICLES INSURANCE (PNG) TRUST

Mount Hagen

Woods J

17-18 June 1993

22 July 1993

NEGLIGENCE — Motor vehicle accident — Elements of cause of action.

Facts

The plaintiff claimed that he sustained injuries in an accident caused by the negligence of the driver of a motor vehicle on which he and others took a paid ride. He claimed that he was rendered unconscious by the accident and regained consciousness later in hospital. Neither he nor his witnesses were able to identify the vehicle apart from stating that it was a white Toyota Landcruiser utility. He knew neither details of its registration nor the name of the driver.

Held

To take an action against the Motor Vehicles Insurance Trust for damages for injuries received in a motor vehicle accident, it is necessary to prove three things: there must be an accident; then there must be a vehicle properly identified or, if not so identified, proper search and enquiry should be made; then there must be injuries or loss of life because of negligence.

Counsel

D O'Connor, for the plaintiff.

A Kandakasi, for the defendant.

22 July 1993

WOODS J: The plaintiff is claiming damages for injuries he received when he was involved in a motor vehicle accident on the Enga Highway between Laiagam and Wabag on 6 March 1990.

He states he was at Sirunke looking for a PMV to go to Wabag when a Toyota Landcruiser utility came along and offered him and others a ride. It appears that they paid a fare for the ride. Shortly after they boarded the vehicle, the driver failed to negotiate a bend and the vehicle ran off the road and overturned. The plaintiff states he was rendered unconscious in the accident and regained consciousness later in hospital. The plaintiff is unable to identify the vehicle apart from it being a white Toyota Landcruiser utility. He did not know...