Simin Dingi v MVIT

• Jurisdiction: Papua New Guinea
• Court: National Court
• Judge: Woods J
• Judgment Date: 18 April 1994
• Citation: [1994] PNGLR 385
• Judgment Number: N1211
• Year: 1994

National Court: Woods J

Judgment Delivered: 18 April 1994

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

SIMIN DINGI

V

MOTOR VEHICLES INSURANCE (PNG) TRUST

Mount Hagen

Woods J

17 February 1994

18 April 1994

DAMAGES — Motor vehicle accident causing death — Plaintiff/parents — Loss of support — Loss of expectation of bride-price — Assessment of.

Facts

An 18-year-old girl was killed when a motor vehicle on which she was travelling as a passenger went out of control and rolled off the road. Her father claimed for the loss of bride-price the family would have received in due course from the marriage of the deceased.

Held

1. Obligations that arise by custom following a death can be part of any claim.

2. A claim which refers to potential loss of bride-price is valid and must be considered by the Court.

Cases Cited

Inabari v Sapat [1991] PNGLR 427.

Uokare v PNG [1988-89] PNGLR 655.

Wan v Komun [1990] PNGLR 322.

Counsel

D L O'Connor, for the plaintiff.

A Kandakasi, for the defendant.

18 April 1994

WOODS J: The plaintiff is the father of Ten Simin, who was a passenger on a motor vehicle which was travelling on the road between Kundiawa and Gumine on 20 June 1988 when it went out of control and rolled off the road down into the river. Ten Simin was injured and drowned.

There is an agreement on liability at 25% to be borne by the plaintiff and 75% by the defendant.

The deceased was 18 years old at the time of her death. This claim is brought by the father for the loss of bride-price which the father and family would have received in due course from the marriage of the deceased, and also for the loss of her contribution to the family by undertaking gardening and other such activities expected in the village environment.

The evidence is that she was a healthy young girl, and her father expected her to get married...