Waro Moses v MVIT

• Jurisdiction: Papua New Guinea
• Citation: [1993] PNGLR 63
• Date: 22 July 1993
• Court: National Court
• Year: 1993

National Court: Woods J

Judgment Delivered: 22 July 1993

1 Negligence—motor vehicle accident—identification of vehicle

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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.

The Plaintiff states he was at Sirunke looking for a PMV to go to Wabag when a Toyota land cruiser utility came along and offered him and others a ride. It appears that they paid a fare for the ride. Shortly after boarding the vehicle the driver failed to negotiate a bend and 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 land cruiser utility. He did not know the registration nor the name of the driver.

Another person David Ipata gave evidence of being with the plaintiff and getting onto the vehicle and the vehicle running off the road and overturning. He is unable to provide any more details of the vehicle than the plaintiff namely that it was a white Toyota land cruiser utility. Both witnesses agree that there were about 10 people on the back.

A Policeman Senior Constable Kalo gave evidence that on the afternoon of Tuesday 6 March 1990 he was on duty at Wabag Police Station when a man called Biliki Balakau rushed in and said he was driving a vehicle along the road from Laiagam to Wabag when he had an accident and as a result a young boy...