Kia Temai v Motor Vehicles Insurance (PNG) Trust (1996) N1442

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (1996) N1442
• Year: 1996

Full Title: Kia Temai v Motor Vehicles Insurance (PNG) Trust (1996) N1442

National Court: Salika J

Judgment Delivered: July 1996

1 Motor vehicle accident—Burst tyre—personal injuries—liability to be proved—onus on plaintiff

2 June Bonnie v MVIT [1994] PNGLR 393 referred to

___________________________

Salika J: This matter was in before the court by way of a Writ of Summons issued by the plaintiff against the defendant. The Plaintiff claims damages pursuant to the Motor Vehicles (Third Party Insurance) Act (Ch295) and interests pursuant to the Judicial Proceedings (Interest on Debts and Damages) Act (Ch52).

The plaintiff gave evidence that she was involved in a motor vehicle accident. She said she was travelling on a Mitsubishi open back utility. She sat on top of a bag of kaukau in the tray of the vehicle. She gave evidence that one of the tyres of the vehicle had a puncture and the vehicle overturned. However in cross–examination she said when the tyre punctured the vehicle went to the side of the road but did not capsize. She said after the accident she was taken to the Goroka hospital and was admitted there for 8 days. A medical report was prepared by a doctor who described her injuries as:—

"She was seen to be in pain but otherwise stable. Examination showed right ankle to be completed distorted with increased mobility, swelling tenderness and crepitus, and abrasions (minor) on the lateral aspect of the right foot. The diagnosis of a Pott's Fracture of the right ankle was confirmed with the X–ray (X–ray No: E7478)—showing whole...