Joe Danga v Motor Vehicles Insurance (PNG) Trust

• Jurisdiction: Papua New Guinea
• Citation: (1997) N1665
• Date: 11 December 1997
• Court: National Court
• Year: 1997

National Court: Sawong J

Judgment Delivered: 11 December 1997

1 Damage—Personal injuries—Evidence—Claim for damages—Proceedings under Motor Vehicles (Third Party Insurance) Act (Ch295)—No proof of all material facts relied on—Claim dismissed

2 Kei v MVIT [1992] PNGLR 195 referred to

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Sawong J: The plaintiff claims damages for personal injuries suffered as a result of a motor vehicle accident which he says occurred on 7 May 1994 on the Okuk highway, near Awiamp. The plaintiff alleged in his statement of claim that the driver of the vehicle was negligent in driving the vehicle and as result an accident occurred. He suffered injuries and was hospitalised.

In support of his claim for damages, the plaintiff was the only one called to give evidence. His evidence related to him travelling in a motor vehicle, the occurrence of the accident, him being injured in the accident subsequent admission to Mt Hagen Hospital, the Kundiawa Hospital and subsequent view of his conditions by Dr Mondia in October 1997. Some were other people who were also injured in the accident, but were not called to give evidence.

The defendant called no evidence but argued that the plaintiff had failed to prove material facts which may be described as prerequisites to a success but claim against the defendant . Those facts were the ownership of the vehicle, its registration, and the fact or otherwise of insurance at the time of the accident.

In his evidence the plaintiff said that on 7 May 1994 he together with others were travelling on a...