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Autaene v Tekabu [2006] KIHC 30; Civil Case 23 of 2005 (16 February 2006)

IN THE HIGH COURT OF KIRIBATI
CIVIL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

High Court Civil Case No. 23 of 2005

Between:

TOAKAURIRI AUTAENE
TOMA TEBAO
Plaintiffs

And:

TINOMAI TEKABU
Respondent

For the Plaintiffs: Mr Glenn Boswell
For the Respondent: Ms Taoing Taoaba

Date of Hearing: 16 February 2006

JUDGMENT
(Ex Tempore)

The proceedings by the first plaintiff having fallen I have only to assess the second plaintiff’s damages.

He was a front seat passenger in the truck. His head, he said, banged first back to hit some hard object behind him and then forward into the windscreen. A right upper incisor was knocked out and lost. He was unconscious for a while and then went by bus to the TCH. He stayed a week. He had headaches and a stiff neck but the symptoms disappeared in about a month. A mild whiplash injury. He has been quoted by the hospital $10.00 presumably for the placing of an artificial tooth. I expect when the treatment is carried out it will cause some pain, certainly inconvenience. I must take it into account in assessing general damages. The only other item claimed is bus fares for two visits to the hospital. His son went with him. The fare from Eita where he lives to Nawerewere is 65c. I assess this head of damage at $5.60.

General damages in Kiribati are low compared to other places.

I assess general damages for pain and suffering at $500. The total therefore is

$500 - pain and suffering

10 - tooth

5.60 - fares

______

$515.60

Judgment for the plaintiff Toma Tebao for $515.60 with costs of $50.00.

THE HON ROBIN MILLHOUSE QC
Chief Justice