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Papua New Guinea Law Reports |
[1991] PNGLR 446 - Banen Aina Palga v MVIT�
N1003
PAPUA NEW GUINEA
[NATIONAL COURT OF JUSTICE]
PALGA
V
MOTOR VEHICLES INSURANCE (PNG) TRUST
Mount Hagen
Woods J
19 August 1991
6 September 1991
DAMAGES - Personal injuries - Particular awards of general damages - Crush injuries to stomach, pelvis and left leg - Extensive surgery - Female aged seventeen (nineteen at trial) - Uneducated villager - Disability of 10 per cent for daily village activities - Award of K18,000 including economic loss.
The plaintiff, a female aged seventeen (nineteen at trial), uneducated and living a village life claimed damages for personal injuries arising out of a motor vehicle accident as a result of which she suffered extensive injuries including a burst abdomen, a rupture of the bladder and fractures of the left femur and pelvis. She underwent extensive surgery and intensive care treatment over four months. Although well recovered, she will always have some abdominal tenderness, pain on walking, pain with garden work and permanent extensive scarring. Her life within the village social and economic system will be limited.
Held
General damages for pain and suffering and loss of amenities should be assessed at K18,000 including damages for the general lifetime disability in pursuing village work.
Cases Cited
Auwa Joe v PNG [1988-89] PNGLR 641.
Make Kewe v Kudjip and PNG [1986] PNGLR 279.
Pendagi Ban v PNG (N827, 19 March 1990, unreported).
Pumbu v Teta Tenken and PNG [1986] PNGLR 289.
Statement of Claim
This was the hearing of an action in which the plaintiff claimed damages for personal injuries suffered in a motor vehicle accident.
Counsel
D L O�Connor, for the plaintiff.
K Yalo, for the defendant.
Cur adv vult
6 September 1991
WOODS J: This is a claim for damages for injuries received in a motor vehicle accident which occurred on 21 May 1989 on the Gumine Road out of Kundiawa in the Chimbu Province.
The plaintiff was a passenger on a motor vehicle registered No AFM 399 driven by a Wai Pintina which was insured with the defendant pursuant to the provisions of the Motor Vehicles (Third Party Insurance) Act (Ch No 295). It is alleged that the driver lost control of the vehicle whilst he was attempting to bypass a landslide blocking the road and the vehicle went over the edge and the plaintiff was thrown off the back of the truck and was crushed and suffered serious injuries.
[His Honour then considered the evidence on liability, concluding:]
The accident and therefore the injuries to the plaintiff were caused by the negligent driving of the vehicle when the road was effectively blocked by a landslide.
ON DAMAGES
The plaintiff is a young woman aged now about nineteen years. She has never been to school. As a result of the accident she suffered extensive injuries including a burst abdomen, a rupture of the bladder and fractures of the left femur and pelvis. She underwent extensive surgery and intensive care in hospital for four months involving intravenous resuscitation and suturing of the abdominal wound and repair of the bladder and insertion of a pin for the fracture. Although she recovered from all injuries in time she will always have some pelvis tenderness and pain during walking and garden work. And she will always have extensive suture scars on her stomach.
She will suffer about a 10 per cent permanent disability for the daily manual and housekeeping work required of a woman in her village society. She will therefore be unable to fully participate in the work and activities required of a wife in the village social and economic system.
In Pumbu v Teta Tenken and PNG [1986] PNGLR 289, the plaintiff a policeman received severe shotgun wounds in the abdomen. Of course this was more serious because the shotgun blast had actually destroyed wall muscle and other organs where as in the case before me now the abdomen was perforated but was sutured back. In Pumbu�s case, the medical evidence was clear there would be future complications.
In Make Kewe v Kudjip and PNG [1986] PNGLR 279, a young village man with minimal education received back and leg injuries and observing the plaintiff in the case before me now and the plaintiff in Make Kewe�s case, the latter was and could suffer greater disability.
In Auwa Joe v PNG [1988-89] PNGLR 641, a young thirteen-year-old girl was awarded K14,500 general damages for a shortening of a leg and scarring.
In Pendagi Ban v PNG (N827, 19 March 1990, unreported), a young fourteen-year-old girl received permanent leg injuries which has resulted in a 15 per cent permanent disability. I find this case is similar to the plaintiff before me now with, in addition, the added trauma of the severe abdominal injuries and permanent scarring.
The plaintiff is not in the modern work force and because of her age at the time of the accident there were no figures to show her economic capacity in the village economy. However, just because there are no economic losses directly applicable to her does not mean I should completely ignore such. So I assess the general damages figure to include the general disability she will have all her life in pursuing her village work.
I assess a figure of K18,000 for pain, suffering and loss of amenities and the general disability she will have all her life. I will apportion K6,000 of that to the period to date and will allow interest at 4 per cent on that from the date of issue of the writ to date of judgment.
|
General damages |
K18,000.00 |
|
Interest |
K 231.78 |
|
K18,231.78 |