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Kepa v Motor Vehicles Insurance (PNG) Trust [1991] PGLawRp 511; [1991] PNGLR 424 (8 March 1991)

Papua New Guinea Law Reports - 1991

[1991] PNGLR 424 - Kepa v MVIT�

[1991] PNGLR 424

N1018

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

KEPA

V

BOI GEREK

AND THE STATE

Mount Hagen

Woods J

11 February 1991

8 March 1991

DAMAGES - Personal injuries - Particular awards of general damages - Quadriplegia - Married woman aged twenty-eight (thirty-one at trial) with children - Active in church and village affairs - Award of K140,000 general damages.

The plaintiff, a female aged twenty-eight (thirty-one at trial) married with children, active in church and village affairs and the running of a village coffee project, claimed damages arising out of a motor vehicle accident as a result of which she was rendered a quadriplegic and totally dependent on others for care and needs.

Held

General damages for pain and suffering and loss of amenities should be assessed at K140,000.

Trial

This was the hearing of an action in which the plaintiff claimed damages for personal injuries suffered in a motor vehicle accident.

Counsel

A Pryke, for the plaintiff.

N Tilto, for the defendants.

Cur adv vult

8 March 1991

WOODS J: This is a claim for damages for injuries received in a motor vehicle accident which occurred on 1 August 1988 near Kerowagi in the Simbu Province. The plaintiff was a passenger in a government motor vehicle a Toyota Hilux driven by Boi Gerek and the driver in attempting to overtake a vehicle in front collided with the back of that vehicle left the road and overturned several times. As a result, the plaintiff received severe injuries which have in fact made her into a confirmed quadriplegic. She is therefore 100 per cent disabled. She will no longer be able to lead an independent life and will be dependent on others for all her needs everyday.

Liability has been admitted by the defendant and this matter has come before me as an assessment of damages.

The plaintiff was a married woman aged about twenty-eight years at the time of the accident and she was married to a senior officer in the Department of Primary Industry in Chimbu Province. Whilst she was not employed herself as she had children she was very active in community affairs herself in areas of sport and in church affairs and was also running a village coffee project. It is clear that there has been some pain and suffering but the main features in a quadriplegic case is psychological stress and the anxiety of being completely dependent on others and the complete loss of all amenities of life. She can no longer do any of the things a normal married woman with children would be able to do.

There have been no quadriplegic cases reported in Papua New Guinea and the figures awarded for paraplegic cases for pain and suffering and loss of amenities have ranged from K30,000 in 1979 to K90,000 in 1983. It is very difficult really to assess such a loss and one cannot really look at other countries although I have been given figures from Australia between 1980 and 1989 of between $100,000 and $250,000. Whilst no figure can really compensate for the loss that the plaintiff has suffered and will suffer for the rest of her life, one has to find some figure. In the circumstances I would assess a figure for the plaintiff of K140,000 for pain and suffering and loss of amenities. As her husband was the breadwinner of the family and in so far as she had a village coffee project it was only a supplement I will not include a separate figure for loss of income but I have considered that in the general damages.

The plaintiff will continue to need hospital treatment and support facilities like a wheelchair and also full-time attendants at home and will also need to ensure that there is a suitable home to live in. I accept the figure of K50 per fortnight for nursing and care attendants and such an amount capitalised over a ten year period comes to K11,300. Future medical expenses have to be an estimate of cost and must include a good wheelchair which may need replacement over the years. It is impossible to obtain an exact figure so I will allow an estimate figure of K1,500 per year and I capitalise this at K15,000. I will also allow a figure of K15,000 to allow for either a new home for the plaintiff and her family or to cover alterations to ensure she has a suitable home to live in.

A figure of K12,960 has been presented for expenses incurred by the husband for his wife since the accident and I see no problems with any of the items specified. I find that all the items would have been quite reasonable in the circumstances.

With respect to interest I will allow interest on the figure of K12,960 for past expenses and as these amounts were incurred at various times I will allow interest on that figure at 4 per cent from date of the writ to date of judgment. I will allow interest of 8 per cent on K40,000 of the general damages from the date of issue of writ to the date of judgment.

To summarise:

I order judgment for the plaintiff in the sum of K198,714.

Judgment for plaintiff.

Lawyer for the plaintiff: Henao Cunningham Priestly.

Lawyer for the defendants: State Solicitor.