Garo Kei v MVIT

• Jurisdiction: Papua New Guinea
• Citation: [1992] PNGLR 195
• Date: 07 July 1992
• Court: National Court
• Year: 1992

National Court: Brown J

Judgment Delivered: 7 July 1992

1 Practice and procedure—pleadings—statement of claim—form and manner—facts to be alleged not law—National Court Rules O8 r8—s54 Motor Vehicles (Third Party Insurance) Act (Ch295)

2 Damages—personal injuries—particular awards of general damages—negligence of driver/owner—need for claim in respect of special damages

3 Evidence—claim for damages—proceedings under s54 Motor Vehicles (Third Party Insurance) Act—proof of all material facts relied on—not sufficient merely to quote law relied on

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Brown J: The plaintiff claims damages for personal injuries suffered as a result of a Motor Vehicle accident which he says happened on the 11 May 1989 on the road from Gabagaba to Port Moresby near Manugoro village. The plaintiff says the accident was caused by one Peter Opu, the driver of a vehicle in which the plaintiff was travelling as a passenger. In support of his claim for damages, the plaintiff gave evidence as did his former wife and his present wife. Their evidence related to the extent of his injuries and his present disabilities. The plaintiff was the only witness to the accident.

The defendant called no evidence and argued that the plaintiff had failed to prove material facts which may be described as prerequisites to a successful claim against the Trust. Those facts were the ownership of the particular motor vehicle, its registration and the fact or...