National Court of Papua New Guinea

The Plaintiff was a married woman aged about 28 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 thes been been some pain and suffering but the main features in a Quadriplegic case is psychological stress and the anxiety of beinpletely dependent on others and the complete loss of all amenities of life. She can ncan no lono any oany 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 andfigures awarded for paraplegic cases for pain and sufferingering and loss of amenities have ranged from K30,000 1979 to K90,000 in 1983. It is very difficult tlly ally 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 f can really comy 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 cirancesuld assess sess a figure for the Plaintiff of K140,0000,000 for pain and suffering and loss of amenities. As her husband we brener oner of the family and in so far as she had a village coffee project it was only anly a supplement I will not include a sepafigure for loss of income but I have considered that in the General Damages.

The Plae 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 K5p.00 per fortnight for nursing and care attendants and such an amount capitalised over a 10 year period comes to K11,300.00. Fumedical expenses has to s to be an estimate of cost and muslude a good wheelchair whic which may need replacement over the years. It is impossible to obtain an exact figure so I will all estimate figure of K1,500.,500.00 per year and I capitalise this at K15,000. I will also allow a fiof K of K15,000 to allow foher a new home for the Plaintiff and her family or to covercover alterations to ensure she has a suitable home to live in.

A f of K12,960.00 has been presented for expenses incurred by d 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 variimes I will allow interest rest on that figure at 4% from date of the writ to date of judgment. I will allow interest of 8% on K40,000.00 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 K198,714.00

Lawyer for the Plaintiff: Henao Cunningham Priestly

Lawyer for the Defendants: State Solicitor