Helen Tapi v Motor Vehicles Insurance (PNG) Trust [1990] PNGLR 568

• Jurisdiction: Papua New Guinea
• Court: National Court
• Judge: Woods J
• Judgment Date: 21 May 1990
• Citation: [1990] PNGLR 568
• Judgment Number: N877
• Year: 1990

Full Title: Helen Tapi v Motor Vehicles Insurance (PNG) Trust [1990] PNGLR 568

National Court: Woods J

Judgment Delivered: 21 May 1990

N877

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

TAPI

V

MOTOR VEHICLES INSURANCE (PNG) TRUST

Mount Hagen

Woods J

21 March 1990

21 May 1990

DAMAGES — Fatal accidents — Measure of — Dependency claim — Infant dependants — Age of dependency — Town dwellers — Likelihood of town education — Eighteen years appropriate.

INFANTS AND CHILDREN — Age of dependency — Dependency claim — Eighteen years appropriate.

On an assessment of damages for loss of dependency by a widow on behalf of herself and two dependent children,

Held

That in circumstances where the deceased and his family lived in a town and were likely to take advantage of a full education, the age of dependency should be fixed at 18 years.

Cases Cited

Jones v Motor Vehicles Insurance (PNG) Trust [1988-89] PNGLR 611.

Statement of Claim

This was the hearing of a dependency claim by a widow on behalf of herself and two infant children and was limited to an assessment of damages.

Counsel

J Pakau, for the plaintiff.

K Yalo, for the defendant.

Cur adv vult

21 May 1990

WOODS J: The plaintiff is the widow of one Vali Tapi who was killed through the negligent driving of Anina Ulawa of a Fuso Truck, registered No ACZ 601 on 4 July 1987. At the time the deceased was driving his Isuzu PMV Bus. The plaintiff sues for and on behalf of herself and her two children Wendy and Depheny. The matter has come before me as an assessment of damages.

The deceased at the time of his death was a self-employed owner/driver of a 15 seater Isuzu PMV. However, up to two months before the accident he had been an employed mechanic. From the end of 1986 to about May 1987, he had been employed as a mechanic by Hagen Wreckers on a gross salary of K150 per fortnight. However, before that in 1985-1986 he had been employed by Nebilyer Trading as a head mechanic on K200 per fortnight.

A witness who was his boss at Nebilyer Trading gave evidence that the deceased was a very competent and experienced mechanic and he had realised from his trade papers that the deceased was one of the first Papua New Guinea trained apprentices.

The deceased was aged around 46 at the time of his death; this age is only an estimate; his eldest child by his first marriage was aged 24 at his death. The evidence is clear that he had strong Christian beliefs and was...