Delly v Oh [2002] PGDC 38; DC492 (11 September 2002)

DC492

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE NO 134 OF 2001

BETWEEN

Willy Delly
Complainant

V

Jeffery Oh
First Defendant

Hagen International Trading Limited
Second Defendant

Mt Hagen: Appa – PM
2001: 11th December; 2002: 11th September

JUDGEMENT (ON ASSESSMENT OF DAMAGES)

This is a claim for compensation for injuries sustained while in the course of his duties.

The complainant was employed by the second defendant as a carpenter from 31st March 1998 to mid October 1998, the time of the incident. He was carrying out his carpentry duties at the premises of the employer at Sunrise Entertainment Center when his right fifth finger (thumb) was crushed. The finger got infected and had to be computated at the base. He went through two stages of operation. Doctor rated the disability at 50% and 10% lose of efficient function of his right hand.

The summons was properly served on the defendants but they made default in appearances to defend so default judgment was granted upon application. Complainant’s lawyer had provided medical report, complainant’s affidavit and written submission for assessment of damages.

In damages, complainant claims K10,000.00 in general damages and K500.00 in special damages. He waived the excess and claimed only K10,000.00. Mr. Sino has cited three sample cases in which the National and Supreme court made various awards in harm and finger injuries ranging from K8,000.00 to K9,000.00.

In Kuriti v. State [1988–89] PNGLR 633, an award of K9,000.00 was made for minor skin graft treatment, rated at 30% disability of arm. In Tumu v. State [1988–89] PNGLR 639, an award of K8, 000.00 was made for minor arm injury rated at 40% loss of function and in MVIT v. Tabarto [1995] PNGLR 214 an award of K12,000.00 was made for stiffness of four fingers, rated at between 60-90% loss of function. It was later reduced to K9,000.00 on appeal to the Supreme Court. I think the present case comes closer to the case of MVIT vs. Tabanto (supra) so I award K8,000.00 plus special damage at K500.00 as being reasonable under the given circumstances. Cost followed the event.

Kunai & Co. Lawyers: Complainant
Public Solicitor Office Mt. Hagen: Defendant