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
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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...
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Takai Kapi also known as "Tataki Kapi" v Gregory James Sheppard and Harvey Maladina [Maldina] Trading as Maladinas Lawyers and Aon Risk Services (PNG) Limited (2003) N2323
...case in court. 3 Mt Kare Holdings Pty Ltd v Akipe [1992] PNGLR 60, ABCO Transport Pty Ltd v Timothy Sakaip (1997) N1577, Kia Temai v MVIT (1996) N1442, Martha Limitopa v The Independent State of Papua New Guinea [1988–89] PNGLR 364, MVIL v Martha Kuma [2000] PNGLR 1, Busina Tabe v The State......
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Takai Kapi also known as "Tataki Kapi" v Gregory James Sheppard and Harvey Maladina [Maldina] Trading as Maladinas Lawyers and Aon Risk Services (PNG) Limited (2003) N2323
...case in court. 3 Mt Kare Holdings Pty Ltd v Akipe [1992] PNGLR 60, ABCO Transport Pty Ltd v Timothy Sakaip (1997) N1577, Kia Temai v MVIT (1996) N1442, Martha Limitopa v The Independent State of Papua New Guinea [1988–89] PNGLR 364, MVIL v Martha Kuma [2000] PNGLR 1, Busina Tabe v The State......