Kirai v The State [1990] PGLawRp 318; [1990] PNGLR 563 (19 March 1990)

Papua New Guinea Law Reports - 1990

[1990] PNGLR 563 - Kar Kirai v The State 

[1990] PNGLR 563

N821

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

KAR KIRAI

V

THE INDEPENDENT STATE OF PAPUA NEW GUINEA

Mount Hagen

Woods J

12 February 1990

19 March 1990

DAMAGES - Personal injuries - Particular awards of general damages - Leg injury - Uncomplicated fracture - Good recovery - Male aged 21 years - Award of K5,000 general damages.

The plaintiff, a male aged about 21 years was injured when knocked down by a motor vehicle. He suffered an uncomplicated fracture of the right leg which was immobilised for three months and healed with a possibility of arthritis in later life.

Held:

General damages for pain and suffering and loss of amenities should be assessed at K5,000.

Cases Cited

The following case is the only case cited in the judgment:

Anis Wambia v PNG [1980] PNGLR 567.

Trial

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

Counsel:

D L O’Connor, for the plaintiff.

M L Tilto, for the State.

Cur adv vult

19 March 1990

WOODS J.: The plaintiff, Kar Kirai, was injured when struck by a motor vehicle on 19 September 1985. The motor vehicle was owned by the State. The plaintiff is claiming damages for the injuries he received.

Liability has been agreed upon at 25 per cent on the plaintiff and 75 per cent on the State.

The case thus comes before me for assessment of the damages.

The plaintiff was a pedestrian and his right leg was broken when he was struck by the motor vehicle. He spent a short time in hospital where his leg was immobilised in plaster. The plaster was kept on for three months. It was a simple fracture and there is nothing to suggest that the bones did not unite well. At the time it was assumed that although the fracture would heal well there would always be the possibility of arthritis in later life. Recent X-rays and medical examination show that the fracture has healed well and the ankle joint is normal and there should not be any functional disability.

The plaintiff talks of his leg being painful to walk on and when taking loads although when he was supposedly unobserved in and around the Court there seemed to be no problem in his walking.

The plaintiff is a young man aged about 21 years and I will assess damages for a broken leg, the pain and distress at the time, the immobilisation for three months, and the possibility of arthritis in later life. The only similar case in recent years is the case of Anis Wambia v PNG [1980] PNGLR 567 which involved a fracture of the upper leg which required the insertion of a pin and where the evidence was quite clear that he was greatly handicapped over a period of 12 months.

In that case the sum of K5,000 was awarded as general damages. Of course in the circumstances of that case there was clear economic loss which was separately assessed.

In the case before me now the injury and handicap is not as great and there is no appreciable economic loss although I will allow for some in the general damages.

The Anis Wambia case is now 10 years ago and was quite appreciably more serious.

I will allow an amount here of K4,000 to allow for pain and suffering and loss of amenities and any economic loss. I will allow interest on that amount at 8 per cent from the date of the issue of the writ to today.

This interest comes to K279 making a total assessment of K4,279. After allowing for the 25 per cent contributory negligence I order judgment for K3,210.

Judgment for the plaintiff

Lawyer for the plaintiff: D L O’Connor.

Lawyer for the defendant: State Solicitor.