Uokare v State [1989] PGNC 126; [1988-89] PNGLR 655; N782 (30 October 1989)

N782

PAPUA NEW GUINEA
[NATIONAL COURT OF JUSTICE]

MINA UOKARE

V

THE INDEPENDENT STATE OF PAPUA NEW GUINEA

Mount Hagen
Woods J
21 September 1989
30 October 1989

DAMAGES - Fatal accidents - Particular awards - Plaintiff/parents - Loss of support - Deceased subsistence village farmer aged 18 years - Other siblings - Parents in mid forties - Loss of support for - Appropriate basis of assessment - K4 for 10 years with 10 per cent deduction for early payment.

The plaintiff, the father of an 18-year-old subsistence village farmer who died as a result of a motor vehicle accident, claimed damages for loss of support on behalf of himself and his wife arising out of the death of their son who was not the only child of the family.

Held

Taking into account a life expectancy of 20 years for the parents and an increased need for support in the later years, an appropriate method of calculating loss of dependency was to take a figure of K4 per week for the latter 10 years with a deduction for early payment of 10 per cent.

Statement of Claim

This was an action for damages for loss of dependency brought by the parents of a young man aged 18 years who died following a motor vehicle accident.

Counsel

D L O’Connor, for the plaintiff.
B V L Ninai, for the defendant.
Cur adv vult

30 October 1989

WOODS J: This is a claim by the father of one Uokare Mina who was killed on 4 February 1987 when he was struck by a motor vehicle owned by the State.

The action is brought for and on behalf of the deceased’s parents who relied on their son, the deceased, for support.

Liability has been admitted on the part of the defendant and this has come before me on the quantum of damages.

The deceased was aged about 18 years at the time of his death and prior to his death he was in good health. He was a village man cultivating traditional crops and some coffee and assisting with the support of his parents. The deceased was one of surviving children of the plaintiff. The plaintiff and his wife are aged about 45 years and it would be expected that as they got older they would rely more and more on support from their children. It could be expected that the parents may survive another 20 years. Whilst the support received now may be minimal, it could increase later as the parents got older. Such support would include some cash from the sale of produce and help in gardening and building. Of course, it is reasonable to assume that the plaintiffs other children would also give support in these areas.

It is very hard to quantify such a claim and to assess from what time such a claim should run. Of course, the parents would be getting some support now but it would have increased as they got older although the burden may have been spread over others.

One could average out an amount of say K2 a week for 20 years or alternatively say it would be the equivalent of K4 a week for the latter 10 years with a deduction for early payment of 10 per cent.

I therefore calculate for each of the parents an amount of K4 per week for 10 years which on the 3 per cent table comes to K1,808, less 10 per cent equals K1,628 each.

The estate claim has already been covered by the basic protection payment already received. In the circumstances, I make no allowance for interest. I order judgment for K3,256.

Judgment for K3,256

___________________

Lawyer for the plaintiff: D L O’Connor.
Lawyer for the defendant: State Solicitor.