Graham Mappa v PNG Electricity Commission (1992) N1093

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (1992) N1093
• Date: 25 August 1992
• Year: 1992

Full Title: Graham Mappa v PNG Electricity Commission (1992) N1093

National Court: Woods J

Judgment Delivered: 25 August 1992

1 Damages—measure of—property damage—motor vehicle damaged in accident—claim for loss of profit

2 Kopen v The State [1988–89] PNGLR 659 and Topa v The State (1991) (Unreported and unnumbered judgment) referred to

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Woods J: This is a claim for damages for loss of income following damage cause to the Plaintiff's Isuzu 25 Seater passenger bus on 19 August 1989 when it was involved in a collision with a vehicle owned by the Defendant.

The facts are that both vehicles were travelling on the Okuk Highway near Mount Hagen in opposite directions and collided head on. Both drivers died instantly.

The only evidence on the circumstances of the accident was a person who lived near the scene of the accident and describes an "Elcom Toyota landcruiser was speeding down the road when I saw it travelling very fast down the Elcom vehicle had moved to right hand side of the road and I told lady this vehicle will overturn and crash into oncoming vehicle. At that moment speeding Elcom vehicle went and bumped into bus while bus had its wheel off the side of the Bitumen".

The Police Constable who attended the scene after the accident determined from the position of the vehicle after the accident and the skid marks that the Elcom vehicle had went across the road from his left hand side on to the other side in front of the bus and therefore was the cause of the collision.

There is no other evidence on the...