Hare (by her friend Hare Lairaro) v The Independent State of Papua New Guinea [1981] PGNC 72; [1981] PNGLR 553 (28 July 1981)

Papua New Guinea Law Reports - 1981

[1981] PNGLR 553 - Makeu Hare by her friend Hare Lairaro v The Independent State of Papua New Guinea

[1981] PNGLR 553

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

MAKEU HARE

BY HER NEXT FRIEND

HARE LAIRARO

V

THE INDEPENDENT STATE OF PAPUA NEW GUINEA

Waigani

Pratt J

15-16 April 1981

28 July 1981

DAMAGES - Personal injuries - Particular awards of general damages - Severe burns to various parts of body - Gross scarring - Decreased flexion in right wrist - Female child aged 5 (10 at trial) - Award of K7,500 general damages.

The plaintiff a female child aged 5 (10 at trial) suffered severe burns to various parts of the body as a result of an explosion on board a boat, and as a result of which she was permanently and grossly scarred and had reduced flexion in the right wrist because of scarring to the right arm.

Held

General damages should be assessed at K7,500.

Trial

This was an action in which the plaintiff, an infant, by her next friend claimed damages for personal injuries arising out of an explosion on board a boat.

Counsel

J. Yagi, and W. Neill, for the plaintiff.

R. Gunson, for the defendant.

Cur. adv. vult.

28 July 1981

PRATT J:  [His Honour dealt with the evidence relative to assessment of damages which has been summarized as follows:—

In September 1976, the plaintiff, a female child aged 5 years (10 at trial) suffered personal injuries as a result of an explosion on board a vessel travelling between Madang and Wewak. As a result of the explosion the plaintiff suffered severe burns to various parts of her body involving hospitalization for some three months and resulting in gross keloid scarring as follows:]

“Thickened skin of auricle left ear.—1 cm. diameter scar beneath right eye.—Puckering of skin beneath left axilla.—2 cm. diameter scar on the dorsum of the left wrist.—Scarring of flexon surface on the left upper and lower arm.—10 cm. x 5 cm. scar on the right thigh.—Depigmentation of the fingers of the left hand on the dorsal aspect.—Depigmentation of the fingers of the right hand.—Patchy thickening skin on the left foot with area of complete depigmentation.—Oval area of hyperpigmentation 8 cm. x 4 cm. on the right lower leg.” (Doctor’s report.)

In addition to the above scarring, there is also decreased flexion of the right wrist due to scarring on the dorsum of the right lower arm, the wrist and the fourth and fifth fingers of the right hand. This has given a loss of function in part of the use of the right hand but evidence as to the percentage of loss of function has not been given. The scarring on the left thigh has been caused by use of this part of the body as a source of the considerable skin grafting required, to assist replacement of destroyed tissue.

[His Honour then discussed in general “disfigurement” cases and continued:]

Transferring these comments to a Melanesian context and the facts of this case, I note that although the girl says that her scarring does not make her the object of any adverse comment from her playmates, this was an area which I myself initiated and I am not at all sure that I did so in a way which fully justified the girl’s actual problems. Furthermore of course, I am really concerned with the girl’s position in the future and especially over the next ten years or so. As I have said on earlier occasions, as have other judges of this Court, in endeavouring to settle an amount for an award in cases of personal injury, it is necessary to bear in mind the economic circumstances and conditions of the country and for that reason no great assistance can really be obtained from examining awards granted in the Australian States. However, I have on this occasion found some assistance to the extent that a guide is afforded to the court in endeavouring to place monetary values on the imponderables involved in estimating damages for cosmetic disfigurement. So whilst the actual amounts awarded elsewhere do not assist, by examining those figures one can obtain some guidance as to how other courts express this type of injury in monetary terms. In addition to the gross disfigurement to the plaintiff, I of course must also bear in mind the loss of function in the right hand. In the absence of counsel establishing whether the girl is right-handed or left-handed, I shall proceed on the basis that the plaintiff is a right-handed person.

In all the circumstances I consider that a just award in this case would be the sum of K7,500 for general damages with an additional amount of K170 representing special damages plus interest at the rate of 6.5% for four years and seven months. I therefore order that the sum of K211 be paid forthwith to Hare Lairaro, the next friend of the plaintiff, to recompense him for his expenditure during the time of the plaintiff’s hospitalization and I further order that the sum of K7,500 be paid into court and invested on behalf of Makeu Hare until she attains the age of twenty-one years, which I declare will occur on 1st March, 1992.

Judgment accordingly.

Solicitor for the plaintiff: A. Amet, Public Solicitor.

Solicitor for the defendant: B. Emos, Acting State Solicitor.