Lucy Kongupi v Motor Vehicles Insurance (PNG) Trust (1992) N1043

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (1992) N1043
• Date: 04 March 1992
• Year: 1992

Full Title: Lucy Kongupi v Motor Vehicles Insurance (PNG) Trust (1992) N1043

National Court: Woods J

Judgment Delivered: 4 March 1992

1 Negligence—personal injuries—motor vehicle accident—fell off back of utility—liability—vehicle not properly identified—no negligence in driver

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Woods J: The Plaintiff is claiming damages for injuries received when she fell off a motor vehicle onto the roadway alleging that she fell off through the negligent driving of the motor vehicle. She claims that the motor vehicle involved was a green Toyota Hilux registered No AEL 388 owned and driven by a Dennis Philip.

The Plaintiff's story is that she and her cousin were in Mt Hagen on 14 November 1984 and they wished to return to their village down at Baiyer and they accepted a ride on the subject vehicle which they recognised as a vehicle that occasionally bought coffee in the area. She and her cousin say they paid K2 each for the ride. When the vehicle had got to near her village she had started to worry about the behaviour of two other men who had been drinking on the back of the truck and it was...