Mina Uokare v The Independent State of Papua New Guinea [1988–89] PNGLR 655

• Jurisdiction: Papua New Guinea
• Citation: [1988–89] PNGLR 655
• Date: 30 November 1989
• Court: National Court
• Year: 1989

Full Title: Mina Uokare v The Independent State of Papua New Guinea [1988–89] PNGLR 655

National Court: Woods J

Judgment Delivered: 30 November 1989

1 Negligence—death—parents—loss of support—quantum of damages—villager

2 DAMAGES—Fatal accidents—Particular awards—Plaintiff/parents—Loss of support—Deceased subsistence village farmer aged 18 years—Other siblings—Parents in mid forties—Loss of support for—Appropriate basis of assessment—K4 for 10 years with 10 per cent deduction for early payment.

The plaintiff, the father of an 18–year–old subsistence village farmer who died as a result of a motor vehicle accident, claimed damages for loss of support on behalf of himself and his wife arising out of the death of their son who was not the only child of the family.

Held:

Taking into account a life expectancy of 20 years for the parents and an increased need for support in the later years, an appropriate method of calculating loss of dependency was to take a figure of K4 per week for the latter 10 years with a deduction for early payment of 10 per cent.

Cases Cited

There are no cases cited in the judgment.

Statement of claim

This was an action for damages for loss of dependency brought by the parents of a young man aged 18 years who died following a motor vehicle accident.

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Woods J: This is a claim by the father of one Uokare Mina who was killed on 4 February 1987 when he was struck by a motor vehicle owned by the State.

The action is brought for and on behalf of the deceased's parents who relied on...