This index is a reference table rather than an article. It lists the judgments found by searching PacLII’s year indexes for the Supreme Court, the National Court and the PNG Law Reports for every case in which the Trust or MVIL was a party, reading each judgment’s headnote, orders and assessment. Figures are as stated in the judgment: general damages means pain, suffering and loss of amenities; a judgment or total figure includes economic loss, special damages and, where stated, interest, after any reduction for contributory negligence. Awards before 2000 must be read with inflation in mind; see how general damages are assessed and the narrative summary in what the courts have awarded for particular injuries.
How to use it
Find the group matching the injury, read the cases nearest in date and severity, and note the point of law column: many of these judgments are cited in the series for what they decided about notice, proof, pleading or interest as much as for the figure. Each case name links to the full judgment on PacLII. Cases that turned only on procedure are collected in the final table.
Paraplegia and quadriplegia (10)
| Case | Injury or claim | Awards | Point of law |
|---|---|---|---|
| Kerr v Motor Vehicles Insurance (PNG) Trust [1977] PGLawRp 563; [1977] PNGLR 461 | Paraplegia after being thrown from vehicle (spinal cord) | (interlocutory ruling) | Evidence Act s 30 business-records exception: investigator’s statement of the only eye-witness taken 25 days after accident not admissible. |
| Kerr v Motor Vehicles Insurance (PNG) Trust [1978] PGLawRp 558; [1978] PNGLR 438 | Paraplegia (Kerr) | Damages exceeded K100,000 cap; first K100,000 against Trust; excess against owner/driver under s 54(5) | Trust liable for costs in its own right as a party; statutory cap in s 49(2) does not limit costs. |
| Kerr v Motor Vehicles Insurance (PNG) Trust [1979] PGLawRp 676; [1979] PNGLR 251 | Paraplegic – dislocated fracture T12, dislocated shoulder | SC increased pain and suffering from K35,000 to K60,000; total verdict K200,524.90 (ten heads); loss of expectation of life K1,500; paraplegic equipment K12,000; future economic loss K70,000; Trust liable for first K100,000, excess against owner | General damages assessed on prevailing PNG community standards (Dillingham v Diaz followed); tax to be taken into account on lost earnings; cap applies to damages not costs. |
| Motor Vehicles Insurance (PNG) Trust v Payne and The State [1981] PGLawRp 572; [1981] PNGLR 114 | Paraplegic (Sogeri Road 1975) | Trust liable to K30,000 (then cap); excess K96,100.35 against the State; judgment K126,000.35 | Government vehicle need not be individually identified; s 54(5) excess awarded against owner (the State). |
| Kepa v Motor Vehicles Insurance (PNG) Trust [1991] PGNC 54; [1991] PNGLR 424 | Quadriplegic, totally dependent; married woman 28 | General damages K140,000; past expenses K12,960; judgment K198,714 | Quadriplegia in a young woman: K140,000 general damages (1991). |
| Wallace v Motor Vehicles Insurance (PNG) Trust [1991] PGNC 84; [1991] PNGLR 341; N1037 | Quadriplegic | K100,000 agreed and paid; judgment entered for interest at 8% from accident | Where settlement agreed before proceedings, plaintiff may sue on the agreement for costs and interest. |
| Kandaso v Motor Vehicles Insurance (PNG) Trust [1992] PGNC 22; N1074 | Fracture of second lumbar vertebra, permanent paraplegia; village woman | General damages K90,000; past economic loss K1,600; future K12,000; total K104,965.22 capped at K100,000 plus interest K1,365.22 | Paraplegic village woman: K90,000 general damages; award capped at the then K100,000 limit. |
| Gigmai v Motor Vehicle Insurance (PNG) Ltd [2004] PGSC 26; SC750 | Paraplegic | Compromise at K100,000; excess claim against owner failed | A compromise at the statutory limit is not an "award" under s 54(5), so the court cannot award the excess against the owner or driver. |
| Kumbe v Motor Vehicles Insurance Ltd [2005] PGNC 110; N2860 | Quadriplegic; schoolboy hit by utility while playing touch rugby in a public park | General damages assessed at K60,000 component with interest; total damages capped at K150,000 plus interest K11,103.20 = K161,103.20 | Onus on plaintiff to prove injury arose out of use of an insured vehicle; eyewitness plus medical and police evidence sufficient where MVIL called none; no break in causation from poor first aid. |
| Yakupi v Motor Vehicles Insurance Ltd [2006] PGNC 214; N2981 | Paraplegic; pedestrian struck walking from Mt Hagen to Kagamuga | Assessed K412,000 (general K280,000; future economic loss K40,000; specials K14,000; special house K30,000; future medical K24,000; nursing K24,000) capped at K150,000 plus interest K11,103.20 | Cap of K150,000 applies to damages only; interest and costs in addition. |
Amputations (8)
| Case | Injury or claim | Awards | Point of law |
|---|---|---|---|
| Stamp v Motor Vehicles Insurance (PNG) Trust [1979] PGNC 2; N179 | Right leg amputated after gross compound fracture of upper tibia; motor mechanic | General damages K20,000 plus K5,000 prosthesis costs and K1,000; loss of earning capacity K24,000 (25% at K45 per week); specials K3,106.99; judgment K54,906.99 | General damages include future prosthesis costs; loss of earning capacity must be proved. |
| Vevehupa v Motor Vehicles Insurance (PNG) Trust [1983] PGLawRp 517; [1983] PNGLR 343 | Both lower limbs amputated; treatment in Australia | Full reasonable cost of Australian treatment recoverable; award in currency in which loss felt | Griffiths v Kerkemeyer applied: cost of medical services recoverable even if provided free. |
| Motor Vehicles Insurance (PNG) Trust v Vevehupa [1984] PGLawRp 446; 1984] PNGLR 224 | Crushed feet, bilateral amputation (Vevehupa) | Repatriation Commission charges recoverable | Business record under Evidence Act s 61 is proof of the facts stated; appeal dismissed. |
| Korrolly v Motor Vehicles Insurance (PNG) Trust [1991] PGNC 57; [1991] PNGLR 415; N941 | Below-knee amputation with prosthesis (K25,000 plus K10,566 economic loss); fracture tibia and fibula 10% disability (K9,000 including economic loss, 30% contributory negligence); fracture tibia (K5,000) | Three plaintiffs: K25,000 plus K10,566; K9,000 less 30%; K5,000 plus interest | Below-knee amputation of a village farmer: K25,000 plus subsistence economic loss. |
| Ambom v Motor Vehicles Insurance (PNG) Trust [1992] PGNC 37; N1116 | Left arm crushed and amputated at mid-humerus, life-threatening shock; loss of 31 pigs | General damages K35,000; economic loss K12,400 (K10 per week for 40 years at 5%); pigs K4,650; judgment K32,050 less 30% contribution cross-claim | Vehicle rolling over without explanation: res ipsa loquitur; amputation of arm in village woman K35,000. |
| Kanzie v Motor Vehicles Insurance (PNG) Trust [1992] PGNC 2; N1030 | Finger amputated after infection; passenger on open-back utility | Claim failed | Cause of the injury not established. |
| Kilte v Motor Vehicles Insurance (PNG) Trust [1992] PGNC 28; N1085 | Right leg amputated; plaintiff was driver of his own vehicle claiming against the other vehicle | Claim failed | Driver claiming against another vehicle must prove that vehicle’s registration and insurance. |
| Terema v Motor Vehicles Insurance (PNG) Trust [1994] PGLawRp 599; [1994] PNGLR 41 | Below-knee amputation of one leg; married woman | General damages K26,000; judgment K27,201.10 | Operator of dangerous machinery on a public street bears onus; a married woman’s loss valued as highly as a young man’s. |
Leg, hip, pelvis and foot injuries (48)
| Case | Injury or claim | Awards | Point of law |
|---|---|---|---|
| Kopele v Motor Vehicles Insurance (PNG) Trust [1983] PGLawRp 505; [1983] PNGLR 223 | Fractured neck of right femur, permanent loss of mobility; male labourer 37 | General damages K12,000; economic loss K19,560 before discount; judgment K7,881.25 after apportionment | Passenger on overcrowded truck 50% contributorily negligent; driver 30% and police 20% liable as joint tortfeasors. |
| Koieba v Motor Vehicles Insurance (PNG) Trust [1984] PGLawRp 459; [1984] PNGLR 365 | Fracture mid-shaft right femur, pinning and bone graft, leg shortening, 50% loss of use; Anglican priest 40 | General damages K19,000; past out-of-pocket K15,020.44; future expenses K900; past economic loss K4,850; weekly loss K127.60; judgment K90,640.58 | Present value of future economic loss discounted at 5%; interest on pre-judgment non-economic loss at half commercial rate (4%). |
| Kiak v Tora Enterprises Pty Ltd and Motor Vehicles Insurance (PNG) Trust [1986] PGLawRp 371; [1986] PNGLR 265 | Severe compound fractures lower left leg, severe scarring, 50% disability | General damages K29,000; interest K2,536; judgment K50,615 against the repairer | Owner/driver cannot claim against the Trust for his own injuries: "liability" in ss 49 and 51 means liability to another person. |
| Toea v Motor Vehicles Insurance (PNG) Trust and The State [1986] PGLawRp 376; [1986] PNGLR 294 | Fractures left arm, humerus and wrist; fracture-dislocation left femur and hip; claw arm, useless arm; village woman mid-40s | General damages K35,000; K2,000 for lost years; interest on K20,000 | Village woman with useless arm and hip injury: K35,000 general damages, paraplegic awards used as ceiling guide. |
| Jones v Motor Vehicles Insurance (PNG) Trust [1989] PGLawRp 66; [1988-89] PNGLR 611 | Hip replacement, knee arthrodesis, eye and facial injuries, teeth extracted | General damages K33,000; loss of income K43,051.58 (5 years to public-service retirement at 55); specials K18,559.49; judgment K96,661.07 plus interest K26,097.18 | Retirement age 55 used for public servant’s economic loss. |
| Rundle v Motor Vehicles Insurance (PNG) Trust [1989] PGLawRp 67; [1988-89] PNGLR 618 | Fractures of hip and pelvis (acetabulum), pneumonia and lung collapse | General damages K30,000; economic loss K21,092; interest at 8% on pain and suffering from accident, half rate on economic loss | Towing driver fully liable; unemployment benefits deducted from economic loss (Redding v Lee followed). |
| Oroeala v Motor Vehicles Insurance (PNG) Trust [1989] PGLawRp 73; [1988-89] PNGLR 645 | Compound fracture lower tibia and fibula, shortening, 25% loss of use; garbage collector | General damages K9,500; judgment K4,230.61 | Leg fracture with 25% loss of use: K9,500. |
| Davis v Motor Vehicles Insurance (PNG) Trust [1990] PGLawRp 321; [1990] PNGLR 571 | Whiplash, disc lesion requiring surgery; fleet manager 53 | General damages K15,000; economic loss K47,504.17 plus K3,955.01; judgment K88,751.43 | Non-cash employment benefits (housing, car, airfares, school fees) excluded from economic loss; retirement age 60 where actual employment beyond 55. |
| Jonnah v Motor Vehicles Insurance (PNG) Trust [1990] PGNC 43; N875 | Death of pedestrian allegedly struck at night | Claim failed | Conflicting stories, no independent evidence, scene not preserved: onus not discharged. |
| Kulung v Motor Vehicles Insurance (PNG) Trust [1990] PGNC 69; N930 | Hip injury, 15% disability; dental orderly 32 | General damages K8,000; judgment K15,040.50 against Trust and K11,670.97 against State | Public servant retrenched: economic loss allowed. |
| Dir v Motor Vehicles Insurance (PNG) Trust [1991] PGNC 42; [1991] PNGLR 433; N984 | Fracture-dislocation left shoulder (30% disability), comminuted fracture distal tibia and fibula (60% disability); widow | General damages K35,000; economic loss K10,000; judgment K45,595 | Widow with severe leg and shoulder disability: K35,000 plus K10,000 economic loss (Toea followed). |
| Kunton v Motor Vehicles Insurance (PNG) Trust [1991] PGNC 21; N997 | Fractured right radius (15% loss) and pubic ramus, scalp lacerations; village woman | Global K15,000 for general damages and economic loss; judgment K12,196 | Village woman pedestrian: global award K15,000. |
| Tommy v Motor Vehicles Insurance (PNG) Trust [1991] PGNC 26; N1023 | Simple fracture left femur, compound fracture right tibia and fibula; village man | Global K25,000 including economic loss; judgment K25,799.34 | Overcrowded vehicle overturned: liability; both legs fractured K25,000. |
| Kapia v Motor Vehicles Insurance (PNG) Trust [1991] PGNC 28; N1024 | Comminuted fracture left tibia and fibula, bone pin, seven weeks in hospital; woman 50 | Global K26,000 including economic loss; judgment K27,012.60 | Elderly village woman with pinned leg fracture: K26,000. |
| Palga v Motor Vehicles Insurance (PNG) Trust [1991] PGNC 72; [1991] PNGLR 446; N1003 | Crush injuries to stomach, pelvis and left leg, bladder rupture, fractures of femur and pelvis, extensive scarring | General damages K18,000 including village disability; judgment K18,231.78 | Severe crush injuries in a village woman: K18,000. |
| Sangasib v Motor Vehicles Insurance (PNG) Trust [1991] PGNC 77; [1991] PNGLR 449; N1015 | Fractures of second, third and fourth toes involving joints, 10% loss of use of left foot; community health worker and sportsman | General damages K6,500; specials K73; judgment K7,431 | Toe fractures with 10% loss: K6,500. |
| Etape v Motor Vehicles Insurance (PNG) Trust [1992] PGLawRp 587; [1992] PNGLR 191 | Severe fracture-dislocation right hip, fracture left humerus, permanent disability; store supervisor | General damages K27,000; past economic loss K8,178 plus K2,494.80; future economic loss K51,000; judgment K91,553.53 (reduced on appeal to K37,313) | No contributory negligence; trial assessment of future loss overturned in MVIT v Etape. |
| Paraka v Motor Vehicle Insurance Trust [1992] PGNC 11; N1041 | Leg disability, confused with later osteoarthritis and malaria; village woman | Nominal global award K1,500; judgment K1,665.70 | Higher standard of driving expected of PMV drivers; injuries must be separated from later unrelated conditions. |
| Wisi v Motor Vehicles Insurance (PNG) Trust [1992] PGNC 12; N1040 | Compound fracture of left leg, scarring, five weeks in hospital | Global K7,000; customary payments of pigs and cash K1,000 deducted; judgment K4,774.09 | Young village man with healed compound fracture: K7,000 global. |
| Manios v Motor Vehicles Insurance (PNG) Trust [1992] PGNC 23; N1073 | Foot injury with ugly scar; village woman | Global K16,000; judgment K16,306.30 | Suspected faulty steering: driver liable; foot injury K16,000 global. |
| Wally v Motor Vehicles Insurance (PNG) Trust [1992] PGNC 3; N1029 | Leg disabilities; plantation worker | General damages K8,000 less 50%; judgment K4,223.12 | Sitting on an unstable object in the back of a vehicle with no seats: 50% contributory negligence; owner using vehicle not designed for passengers partly responsible. |
| David v Motor Vehicles Insurance (PNG) Trust [1993] PGLawRp 535; [1993] PNGLR 356 | Fractured ankle, partial disability; married woman | General damages K9,000; judgment K10,505 | Driving too fast near a crowd is negligent; plaintiff must prove aggravated sequelae with medical evidence. |
| Moip v Motor Vehicles Insurance (PNG) Trust [1993] PGLawRp 558; [1993] PNGLR 485 | Alleged injuries | Claim dismissed | No police accident report and no hospital records: no evidence the injuries came from the accident. |
| Bonnie v Motor Vehicles Insurance (PNG) Trust [1994] PGLawRp 632; [1994] PNGLR 393 | Minor fracture, back and hip injuries; village woman 24 | General damages K13,000 global; judgment K13,669.37 | Burst tyre or mechanical defect: standard of maintenance expected of driver; villager assessed as subsistence gardener. |
| Adevu v Motor Vehicles Insurance (PNG) Trust [1994] PGLawRp 662; [1994] PNGLR 57 | Alleged eye injury | - | Objection to competency: questions of mixed fact and law; court not bound to accept uncontradicted evidence of injury without medical support. |
| Guli v Motor Vehicles Insurance (PNG) Trust [1994] PGLawRp 620; [1994] PNGLR 304 | Post-concussion syndrome, healed fractured right tibia, facial lacerations, no permanent disability; village man 29 | General damages K11,000; economic loss K3 per week (past K603, future K2,841 on 3% tables); judgment K11,030.90 | Village man with post-concussion syndrome and healed leg fracture: K11,000. |
| Temai v Motor Vehicles Insurance (PNG) Trust [1994] PGNC 1; N1442 | Fracture-dislocation of right ankle | Claim failed | Burst tyre: plaintiff must still prove negligence. |
| Kiap v Motor Vehicles Insurance (PNG) Trust [1994] PGNC 12; N1236 | Two fractures with advanced osteoarthritis; village widow mid-40s | General damages K18,000; economic loss K5 per week for 15 years (K3,160); judgment K23,000 | Widow with leg fractures and arthritis: K18,000 plus economic loss. |
| Oka v Motor Vehicles Insurance Ltd [2001] PGNC 109; N2122 | Compound fracture of left leg with bone loss, fractures of both legs, repeated operations | General damages K35,000; past wages with interest K49,302.50; subsistence loss K5,000; total K117,860.43 capped at K100,000 plus costs; customary payments (K5,000 cash and 15 pigs) noted | Award capped at K100,000; heads exceeding cap. |
| Pelg v Motor Vehicles Insurance (PNG) Trust [2001] PGNC 48; N2161 | Broken collar bone, broken jaw, dislocated hip, lacerations, concussion, head injuries | - | Accident near a roadside market; liability contested. |
| Moka v Motor Vehicle Insurance [2001] PGNC 90; N2098 | Comminuted fracture left tibia and fibula, 40% loss of use; minor head injury; security guard 32 | General damages K11,500 after contributory negligence; future economic loss K14,966.44 (from K47,264 on 3% tables, less 50% and failure to mitigate); interest K240; total K26,706.44 (varied on appeal in Moka SC729) | Pushing a broken-down vehicle on a double-lane road: 50% contributory negligence at trial; interest principles for each head. |
| Kupo v Motor Vehicle Insurance Ltd (In Liquidation) [2002] PGNC 55; N2282 | Fracture left tibia and fibula, dislocated ankle, 95% loss of use of left foot, 30% right ankle, scars on 75% of right thigh; young woman later university student | Past economic loss K48,056.40; future loss of salary K43,172 (quarter of K172,688); out-of-pocket K3,663.53; total K174,891.93 capped at K150,000 plus interest and costs | Cap of K150,000 applied (post-2002 limit). |
| Kusa v Motor Vehicles Insurance (PNG) Trust [2003] PGNC 138; N2328 | Lacerations, knee injury, scar below left knee | Pain and suffering K35,000; past economic loss K13,325; out-of-pocket K1,599.90; future economic loss K8,000; interest 6.1 years; total K82,288.79 | Notice given by the claimant’s lawyer on instructions is notice by the claimant (Viel Kampu distinguished); MVIT’s "without prejudice" acknowledgement admissible on sufficiency of notice. |
| Iari v Motor Vehicles Insurance Ltd [2004] PGNC 4; N2841 | Fractured pelvis, healed, 15 to 20% permanent disability; adult female | General damages K18,000; economic loss K5,000; specials K365; interest K980; total K24,345 | Pelvic fracture with 15 to 20% disability: K18,000. |
| Kuri v Motor Vehicles Insurance Ltd [2004] PGNC 48; N2759 | Fracture-dislocation right ankle, 15% loss | Held within time at first instance (reversed in MVIL v Kuri SC825) | National Court held cause of action accrued when notice given; reversed on appeal. |
| Moka v Motor Vehicles Insurance Ltd [2004] PGSC 38; SC729 | Leg fracture 40%; pushing broken-down vehicle | General damages K35,000; future economic loss K33,672.75 (K47,264 less one quarter for failure to mitigate and 5% contingencies); total K68,672.75 | Appeal upheld: contributory negligence finding reversed; mitigation reduction one quarter. |
| Motor Vehicles Insurance Limited v Kol [2007] PGSC 38; SC902 | 80 to 100% loss of efficient use of leg; high school student | General damages K60,000 confirmed; past economic loss K19,257 set aside; future economic loss K75,400 reduced to global K20,000 | Damages must be proved; student with no earnings gets no past economic loss; future loss a global sum for restricted employment choices. |
| Westcott v Motor Vehicles Insurance Ltd [2008] PGNC 207; N3565 | Compound fractures right femur, tibia and fibula, right hand, 1cm shortening, osteoarthritis; motorbike rider | General damages K90,000; judgment against MVIL K125,449.18 (paid); excess of US$476,291.80 and A$5,705.36 against driver and employer | Truck driver negligent, motorcyclist not contributorily negligent; employer vicariously liable for excess over the K150,000 cap. |
| Goi v Motor Vehicles Insurance Ltd [2010] PGNC 87; N4093 | Alleged injury | Claim dismissed | Uncorroborated and contradictory evidence that an accident happened at all; each witness evaluated separately. |
| Independent Public Business Corporation v Motor Vehicles Insurance Ltd [2012] PGNC 129; N4843 | - | - | IPBC has arguable standing to challenge contract concerning MVIL; strike-out refused. |
| Independent Public Business Corporation of Papua New Guinea v Motor Vehicles Insurance Ltd [2015] PGNC 110; N5953 | - | - | Stay application in IPBC v MVIL litigation. |
| Kawage v Motor Vehicles Insurance Ltd [2016] PGNC 159; N6351 | Fractures with post-traumatic arthritis of left hip; man 65 | K10,000 general damages and economic loss plus interest K8,792.85; judgment K18,792.85 | Interest merges into judgment debt; 8% from accident. |
| Independent Public Business Corporation of Papua New Guinea v Motor Vehicles Insurance Ltd [2017] PGNC 46; N6667 | - | - | Foreign judgment sum recovered by MVIL from Woodlawn not "the property" in dispute. |
| Nekiye v Motor Vehicle Insurance [2018] PGNC 245; N7345 | Alleged injuries | Judgment for defendant | Plaintiff failed to prove negligence on the balance of probabilities (upheld SC1846). |
| Waso v Motor Vehicle Insurance Ltd [2021] PGNC 623; N9664 | Left knee injury, dislocated collar bones; mother whose 8-year-old son died | General damages K66,000; economic loss K20,000; specials K1,070; interest K58,511; total K145,581 | Statement of agreed and disputed facts binds the parties; medical reports admitted with less weight. |
| Vali v Motor Vehicles Insurance Ltd [2022] PGNC 220; N9661 | Torn rectum and anus, ruptured left testicle, fractured pelvis with limb shortening; pedestrian | General damages K80,000; economic loss K15,000; K5,000 (further head); specials K1,552.85; damages K111,552.85; interest 2% for three years K6,693.15; costs K10,000 | Modern general damages for severe pelvic and internal injuries: K80,000. |
| Saka v Motor Vehicles Insurance Ltd [2025] PGNC 486; N11642 | Fracture of left forearm; hip injury 40% loss of use (K20,000 before reduction); several plaintiffs | K20,000 general damages for 40% hip; other claims failed on unreliable evidence | Passengers knowingly boarding an overloaded private vehicle contributorily negligent; O 8 r 33 particulars including date of birth required. |
| Pelen v Motor Vehicles Insurance Ltd [2026] PGNC 249; N11980 | Multiple head lacerations, cosmetic disfigurement of right lower limb | General damages K60,000; economic loss and specials refused; interest 4% from 14 November 2018 | Default judgment does not dispense with proof of damages (Kol followed); special damages must be proved by documents. |
Back, spinal and neck injuries (16)
| Case | Injury or claim | Awards | Point of law |
|---|---|---|---|
| Brown v Motor Vehicles Insurance (PNG) Trust [1980] PGLawRp 610; [1980] PNGLR 409 | Dislocated fracture C2-C3 cervical vertebrae, skull traction, residual stiffness | General damages K18,000 (K13,500 pre-judgment, K4,500 post); wages and rent loss K9,331.13; medical K1,849.10; interest K2,900.98; judgment K27,269.02 | Standard of care objective (Nettleship v Weston adopted); passenger who knows driver is drunk still owed full duty; contributory negligence and volenti governed by Wrongs Act Pt IX. |
| Darvill v Motor Vehicles Insurance (PNG) Trust [1980] PGLawRp 619; [1980] PNGLR 548 | Compression fracture of first lumbar vertebra, continuing psychological stress; woman 41, part-time bookkeeper | General damages K19,000 (K10,000 pre, K9,000 post); pre-trial earnings loss K4,666.87; specials K406.70; interest K2,417.64 | Award of K19,000 for lumbar fracture with psychological sequelae. |
| Yomo v The State and Motor Vehicles Insurance (PNG) Trust [1990] PGLawRp 315; [1990] PNGLR 554 | Spinal cord injury, paralysis of lower limbs, mobile on crutches, bladder and bowel loss | General damages K35,000; economic loss K10,000 global; 50% reduction; judgment K23,821.50 | Passenger riding in a vehicle under tow 50% contributorily negligent; global economic-loss sum for villager (Nali Matabe followed). |
| Are v Motor Vehicles Insurance (PNG) Trust [1991] PGNC 40; [1991] PNGLR 456; N1025 | Compressed fracture lumbar vertebra, conservative treatment | General damages K12,000; economic loss K7,000; judgment K19,652.48 | Lumbar compression fracture: K12,000 plus K7,000 economic loss. |
| Nomane v Motor Vehicles Insurance (PNG) Trust [1991] PGNC 23; N1019 | Clavicle fracture, weak shoulder, 15% permanent disability; wage earner | General damages K8,000; judgment K4,223.78 | Passenger fell off when vehicle took off: liability; shoulder 15%: K8,000. |
| Joseph v Motor Vehicles Insurance (PNG) Trust [1991] PGNC 52; [1991] PNGLR 453; N1021 | Wedge fracture of lumbar spine, progressive deformity; married village woman | General damages K17,000 including K7,000 for restricted village participation; judgment K17,329.30 | Village woman lumbar fracture: K17,000. |
| Kuntu v Motor Vehicles Insurance (PNG) Trust [1991] PGNC 60; [1991] PNGLR 440; N996 | Fractured vertebra treated with bed rest; fractured right wrist pinned with permanent deformity | General damages K18,000; past economic loss K1,000; future K8,000; judgment K13,269.86 | Young village man with spinal and wrist fractures: K18,000 plus K9,000 economic loss. |
| Aure v Motor Vehicles Insurance (PNG) Trust [1992] PGNC 1; N1031 | Death of village man when utility rolled back on a hill | Widow K6 per week for 22 years; each child K5 per week; judgment K9,374.95; children’s shares invested by Registrar | Village dependency assessed at a few kina a week. |
| Kongupi v Motor Vehicles Insurance (PNG) Trust [1992] PGNC 9; N1043 | Fell off back of utility | Claim failed | Vehicle not properly identified; no negligence shown. |
| Gelua v Motor Vehicles Insurance (PNG) Trust [1993] PGNC 11; N1193 | Hand crushed under vehicle, unconscious; passenger on open-back utility | Claim failed | Plaintiff bears onus of identifying the vehicle; not satisfied. |
| Pakau v Motor Vehicles Insurance (PNG) Trust [1993] PGLawRp 511; [1993] PNGLR 73 | Compression fractures T11 and T12; retired policeman | General damages K15,000 reduced 30% to K10,500; judgment K11,903.83 | Elderly retired policeman with compression fractures: K15,000 before reduction. |
| Walpe v Motor Vehicles Insurance (PNG) Trust [1993] PGLawRp 548; [1993] PNGLR 434 | Compression fracture L3-L4, 40% disability of back; villager | General damages K12,000; global economic loss K3,000; judgment K16,743.78 | Due inquiry and search judged by time, area, social differences and lack of tracing systems. |
| Stephens v Motor Vehicles Insurance (PNG) Trust [1994] PGLawRp 648; [1994] PNGLR 481 | Back injury, continuing pain; retail supervisor | General damages K20,000; judgment K21,531 | Where the responsible vehicle is uncertain, due enquiry and search satisfied by pleading the difficulty and making enquiries. |
| Koli v Motor Vehicles Insurance (PNG) Trust [1997] PGNC 188; [1997] PNGLR 343 | Fracture of left arm, 50% loss of effective use; village woman 40 | General damages K10,000; interest K1,707.84; past economic loss K875; future K3,900; total K14,482.84 | Passengers accepting a ride in an open-back private vehicle bear a degree of responsibility; later medical report sufficient without first treatment records. |
| Dinogo v Motor Vehicles Insurance Ltd [2005] PGNC 117; N2839 | Fractured spinous process C6, back injury 20% disability, scalp keloids 5%; man 50 | General damages K25,000 less 15% contributory negligence (K3,750); interest K3,360; total K24,610 | Rural back injury with 20 to 30% disability: range K10,000 to K25,000. |
| Tuman v Motor Vehicles Insurance Ltd [2017] PGNC 375; N6923 | Neck and chest injuries, fractured ribs; village man | General damages K13,000; global economic loss K12,000; specials K1,050; interest K14,208; total K40,258 | Driver failing to stop after being threatened: liability; special damages awarded despite lack of receipts. |
Arm, shoulder, hand and wrist injuries (15)
| Case | Injury or claim | Awards | Point of law |
|---|---|---|---|
| Tumu v Motor Vehicles Insurance (PNG) Trust [1989] PGLawRp 71; [1988-89] PNGLR 638 | Fractured wrist, splinted six months; man 35 | General damages K8,000; specials K354; judgment K4,242 (after reduction) | Modest wrist fracture: K8,000. |
| Gembal v Motor Vehicles Insurance (PNG) Trust [1990] PGNC 76; N828 | Double fracture of arm, mal-united and deformed | General damages K10,000; interest on K4,000 at 8% | Riding in an unregistered and uninsured vehicle raised as contributory negligence; deformed arm fracture K10,000. |
| Kulange v Motor Vehicles Insurance (PNG) Trust [1990] PGNC 13; N824 | Fractured right thumb and left wrist, stiffness in both hands; village woman | General damages K8,000; economic loss K2 per week; judgment K9,764 | Village woman with disability in both hands: K8,000. |
| Paul, an Infant, by his next friend, Paul Rouse v Motor Vehicles Insurance (PNG) Trust [1990] PGNC 45; N896 | Greenstick fracture of collar bone, no permanent injury; infant aged one | General damages K1,000; judgment K1,046.36 | Minor infant injury: K1,000. |
| Sinowa v Motor Vehicles Insurance (PNG) Trust [1991] PGNC 15; N980 | Dislocated right shoulder | Claim failed | Passenger alighting as vehicle drove off: no proof of negligence. |
| Pyakalo v Motor Vehicles Insurance (PNG) Trust [1992] PGNC 32; N1092 | Ruptured ear drum (shoulder injury unproved); village man 30 | General damages K8,000 less 75% contributory negligence; judgment K2,345 | Riding on an unregistered, uninsured, overloaded vehicle: 75% contributory negligence. |
| Eldik v Motor Vehicles Insurance (PNG) Trust [1994] PGLawRp 644; [1994] PNGLR 467 | Skull fracture with brain damage, post-concussion syndrome, partial paralysis of right hand; school teacher | General damages K28,000; judgment K21,942.80 | Post-concussion syndrome in a teacher: K28,000. |
| Onguglo v Motor Vehicles Insurance (PNG) Trust [1994] PGNC 2; N1195 | Minor wrist fracture, malalignment; casual worker | General damages K6,000; global economic loss K5,000; judgment K9,179.10 | Riding on back of utility; wrist fracture K6,000. |
| Gamias v Anton and Motor Vehicles Insurance (PNG) Trust [1996] PGNC 60; N1502 | Left shoulder periarthritis and residual disability, rib tenderness, no fracture | General damages K25,000; specials K200; interest 8% from writ | Awards between 1980 and 1991 ranged K6,600 to K38,000; awards increase over time for inflation. |
| Danga v Motor Vehicle Insurance (PNG) Trust [1997] PGNC 160; N1665 | Fracture of left hand, unconsciousness | Claim dismissed | Plaintiff must prove all material facts relied on; claim dismissed for want of proof. |
| Oni v Motor Vehicles Insurance (PNG) Trust [2004] PGNC 16; N2767 | Shoulder dislocation, 70% permanent disability; subsistence farmer 23 | General damages K40,000 (1987 comparable K15,000 more than doubled for inflation) less 20% contributory negligence = K32,000; interest K11,923.30; judgment K63,633.30 | Vehicle rolled over without explanation; registration and insurance proved by observation; inflation uplift on old awards. |
| Takura v Motor Vehicles Insurance Ltd [2010] PGNC 113; N4105 | Spiral fracture of right humerus, 40% loss of use of shoulder, arm and hand | General damages K30,000; economic loss K8,000; specials K328; interest K28,822.66; total K67,150.66 | Evidence consistent with pleadings sufficient; inflation since 1980s awards taken into account. |
| Tani v Motor Vehicles Insurance Ltd [2010] PGNC 96; N3984 | Closed fracture of left radius and ulna | Proceedings dismissed | Five considerations all favoured dismissal. |
| John v Motor Vehicle Insurance Ltd [2022] PGNC 400; N9973 | Fractured left forearm (ulna and radius); PMV bus collision | Claim dismissed | Material facts not pleaded; injury not proved to arise from use of an insured vehicle; lawyer as primary witness futile; medical report must come from the doctor (Evidence Act s 37). |
| John v Motor Vehicle Insurance Ltd [2022] PGNC 422; N9827 | Fractured left forearm | Application refused | Summary judgment not available in a personal injury claim (O 12 r 37). |
Head injuries and brain damage (12)
| Case | Injury or claim | Awards | Point of law |
|---|---|---|---|
| Mongogl v Motor Vehicles Insurance (PNG) Trust [1985] PGLawRp 490; [1985] PNGLR 300 | Death of family head | - | Representative capacity must be endorsed on writ (NCR O 4 r 20); Wrongs Act s 32 particulars: names, ages and sex of children; defect curable by amendment. |
| Coady, (an Infant), by his next friend Christopher John Coady v Motor Vehicles Insurance (PNG) Trust [1985] PGLawRp 504; [1985] PNGLR 450 | Head and facial injuries, severe scarring, double vision; child 4 and a half | General damages K12,000; specials K1,505.32 and A$5,866.10; K13,653.59 paid to Public Curator for the infant | Costs up to judgment despite payment in exceeding award, because infant settlement needed court approval. |
| Coady, (an Infant), by his next friend Christopher John Coady v Motor Vehicles Insurance (PNG) Trust [1987] PGSC 6; [1987] PNGLR 55 | Forehead and eyelid lacerations, glass through orbit; boy | General damages K12,000 upheld | Infant’s loss of earning capacity: is there a substantial risk of restricted employment; if so quantify the present value of that risk (Moeliker test). |
| Nidop v Motor Vehicles Insurance (PNG) Trust [1989] PGLawRp 70; [1988-89] PNGLR 635 | Concussion, scalp laceration, minimal long-term effects | General damages K8,000; judgment K8,099.50 | Forklift driver unloading in public area owes duty of care to bystanders. |
| Maipen v Motor Vehicles Insurance (PNG) Trust [1990] PGLawRp 316; [1990] PNGLR 559 | Depressed skull fracture, unconscious one day, possible epilepsy; boy 4 (10 at trial) | General damages K12,000; judgment K13,390 | Child head injury with epilepsy risk: K12,000. |
| Jack v Motor Vehicles Insurance (PNG) Trust [1991] PGNC 50; [1991] PNGLR 443; N1005 | Death of 22-year-old employee on motor cycle in head-on collision | First wife K24,750 less 10%; second wife K13,750 less 50%; each parent K2,108 less 20%; judgment K58,604.52 | Dependency from net pay of K223.96 per fortnight; second wife and parents-in-law included. |
| Tamase v Motor Vehicles Insurance (PNG) Trust [1992] PGLawRp 597; [1992] PNGLR 244 | Death of husband (head injury), passenger | No judgment | Negotiations on quantum without agreement on liability do not stop time running; no estoppel where plaintiff did not act to her detriment. |
| Motor Vehicles Insurance (PNG) Trust v Pupune [1993] PGLawRp 537; [1993] PNGLR 370 | Concussion, fractured base of skull, coma, permanent facial nerve paralysis | General damages reduced to K11,000; loss of earning capacity K30,000 net K25,800 after 50% reduction | Unpleaded economic loss admitted without objection stands; earning capacity based on earnings at injury; failure to mitigate (refusing plastic surgery) reduces damages. |
| Koka v Motor Vehicles Insurance (PNG) Trust [1994] PGLawRp 671; [1995] PNGLR 294 | Open fracture of frontal bone, unconscious three days, social and intellectual dysfunction; village man 44 | General damages K15,000; K30 per week loss (past K8,460, future 11 years); judgment K41,251.55 | Passenger may sue driver of his own vehicle for the whole loss where both drivers careless; experienced GP may give assessment where no psychiatrist available. |
| Sos, (an Infant by Her Next Friend, Sos Pyawa) v Motor Vehicles Insurance (PNG) Trust [1995] PGLawRp 691; [1995] PNGLR 249 | Severe head injury, intracranial haemorrhage, burr holes, post-concussion; girl 11 | General damages K20,000 less 40% for guardian’s responsibility; judgment K12,960 | PMV drivers owe fare-paying passengers a duty; accompanying adult shares responsibility for a child; apportioned 60/40. |
| Wai v Motor Vehicles Insurance Ltd [2006] PGNC 193; N2974 | Serious head injury, assessed as 50% mental incapacity (100% claim rejected without psychiatric evidence); bus driver | General damages K30,000; economic loss K43,200; interest K46,192.13; total K119,392.13 | Contributory negligence rejected; independent psychiatric assessment needed for total incapacity claim. |
| Taemae v Motor Vehicle Insurance Ltd [2013] PGSC 8; SC1224 | Head-on collision; villagers injured, one died | Appeal allowed; 14 days to give notice | Extension discretion wrongly exercised; Rundle restated. |
Other injuries (20)
| Case | Injury or claim | Awards | Point of law |
|---|---|---|---|
| Yana v Motor Vehicles Insurance (PNG) Trust [1989] PGLawRp 78; [1988-89] PNGLR 657 | Premature termination of pregnancy, foetus died | General damages K4,000 | Loss of unborn child is pain and suffering, not solatium under Wrongs Act s 29. |
| Mangoi v Motor Vehicles Insurance (PNG) Trust [1990] PGLawRp 686; [1990] PNGLR 327 | - | Claim failed | Proof of due inquiry and search is a precondition to a s 54(1)(c) claim; it must be made at or soon after the accident and be objectively reasonable; inquiries of a police officer five years later are not enough. |
| Motor Vehicles Insurance (PNG) Trust v Kuman [1991] PGNC 17; N985 | Passenger fell when standing to attend to a pig | District Court award K3,145 reduced by 50% to K1,572.50; costs K714.60 reviewed | Passenger standing on moving utility 50% contributorily negligent. |
| Pupune v Motor Vehicles Insurance (PNG) Trust [1991] PGNC 75; [1991] PNGLR 353; N1001 | Owner injured while another drove his insured vehicle | - | Owner-passenger may claim against the Trust; the driver’s indemnity covers a claim by the owner as "any person". |
| Nui v Motor Vehicles Insurance (PNG) Trust [1992] PGNC 8; N1044 | Fractured ribs on right side; man late 40s | General damages K6,000 (reduced for contributory negligence); judgment K3,169.97 | Driving over a person lying on the grass: liability with contributory negligence. |
| Laime, (an infant by her next friend, Willie Laime) v Motor Vehicles Insurance (PNG) Trust [1995] PGLawRp 686; [1995] PNGLR 224 | Infant injured | - | Commissioner’s extension is not retrospective approval of an earlier non-compliant letter; notice is a statutory condition precedent. |
| Waip v Motor Vehicles Insurance (PNG) Trust, Hastings Deering Pty Ltd and Kondali [1996] PGLawRp 744; [1996] PNGLR 374 | Personal injuries compromised at K10,000 | Judgment sum charged with costs orders | Court may charge a judgment sum with costs orders in favour of the judgment debtor. |
| Yalao v Motor Vehicles Insurance (PNG) Trust [1996] PGLawRp 769; [1997] PNGLR 441 | Near-total loss of sight in right eye, eyelid detachment from windscreen glass | General damages K30,000; economic loss K10,000; out-of-pocket K2,328; interest K7,799.04; total K51,127.04 | Other driver solely negligent; material not formally tendered admitted in the interests of justice. |
| Kawai an infant by her next friend Kawai Takeme v Motor Vehicles Insurance (PNG) Trust [1996] PGNC 6; N1651 | Infant injured on Okuk Highway 1991 | - | Purported letter of notice insufficient (see Kawa SC588 on appeal). |
| Aurthur v Motor Vehciles Insurance (PNG) Trust [1998] PGLawRp 763; [1998] PNGLR 261 | PMV passenger injured 1993 | - | Sufficient cause must be shown for an extension; Rundle principles applied. |
| Authur v Motor Vehicles Insurance (PNG) Trust [1998] PGNC 84; N1811 | PMV passenger injured 1 October 1993 | - | Sufficient cause required; Rundle principles applied. |
| Kawa, an Infant By Her Next Friend Kawai Takame v Motor Vehicle Insurance (PNG) Trust [1998] PGSC 24; SC588 | Infant injured December 1991 | Appeal dismissed | A letter purporting to give notice outside six months is not a valid notice; sending the Commissioner’s approval letter is not notice. |
| Motor Vehicle Insurance Ltd v Let [2005] PGSC 16; SC816 | Injury to student aged 16 to 19 | General damages K40,000 and future economic loss K30,000 confirmed | Awards based on comparable verdicts and inflation over 13 years upheld. |
| Kulau v Motor Vehicles Insurance Ltd [2008] PGNC 238; N3700 | Claimed facial lacerations and loss of vision | Claims dismissed; perjury prosecution recommended | Evidence concocted; claims dismissed. |
| Kawage v Motor Vehicle Insurance Trust Ltd [2008] PGNC 75; N3354 | Nerve injury and fracture | Proceedings dismissed; liberty to sue on the deed | Deed for K80,000 cannot be enforced by summary judgment in the injury action; fresh action on the deed required (see Kawage SC1066). |
| Kawage v Motor Vehicle Insurance Trust Ltd [2010] PGSC 16; SC1066 | Personal injuries; deed for K82,500 | Appeal allowed | Trial judge erred in holding proceedings compromised; enforcement of deed requires separate action. |
| Motor Vehicles Insurance Ltd v Kawage [2014] PGSC 57; SC1362 | Personal injury claim in District Court | Appeal dismissed | Certificate of insurance not always required; police evidence of insurance details sufficient where MVIL does not rebut. |
| Anton v Motor Vehicles Insurance Ltd [2021] PGNC 422; N9194 | Nineteen passengers injured and seven died when vehicle overturned on Sumomin/Imbinis Road, April 2018 | Default judgment entered against MVIL | Default judgment checklist applied against MVIL which failed to file a defence. |
| Pioro v Motor Vehicle Insurance Ltd [2022] PGNC 235; N9667 | Injuries with photographs and clinical notes | General damages K30,000 (1990s comparable K10,000 increased by 200%); interest K3,577; total K33,577 | Awards of the 1980s and 1990s are outdated; uplift for inflation following Moka SC729. |
| Motor Vehicles Insurance Ltd v Tambo (trading as Marapos Hire Cars) [2024] PGSC 73; SC2604 | Seized hire car (not personal injury) | General damages reduced from K388,000 to K160,000 (loss of business K288,000 reduced to K60,000); interest 2% | Not a personal injury case; loss of business must be proved. |
Death: dependency, estate and Basic Protection claims (39)
| Case | Injury or claim | Awards | Point of law |
|---|---|---|---|
| Kapie v Motor Vehicles Insurance (PNG) Trust [1986] PGLawRp 338; [1986] PNGLR 78 | Death 1983 | Assessment officer awarded K2,000 (then maximum where dependent wife and child) | Infant settlements: court’s parens patriae protection applies also to Basic Protection awards; compromise refused where no proof infants received the money. |
| Tapie v Motor Vehicles Insurance (PNG) Trust [1986] PGNC 28; [1986] PNGLR 78; N531 | Death 1983 | Compromise refused | See PGLawRp-1986-338 (same case). |
| None v Motor Vehicles Insurance (PNG) Trust [1990] PGLawRp 317; [1990] PNGLR 561 | Death | Settlement refused | Age of dependency of children is 18, not 16; court refused to sanction compromise based on 16. |
| Tapi v Motor Vehicles Insurance (PNG) Trust [1990] PGLawRp 320; [1990] PNGLR 568 | Death of self-employed PMV owner-driver | Dependency at about K110 per fortnight; judgment K23,326.42; K7,925 invested for children | Town-dwelling family: dependency age 18 because children likely to complete education. |
| Collins v Motor Vehicles Insurance (PNG) Trust [1990] PGLawRp 323; [1990] PNGLR 580 | Death of Australian father aged 53 | Dependency K130/K30 per week, less 20% contingencies; capped at K100,000 plus interest K2,868; funeral expenses allowed | Dependant not named in writ under Wrongs Act s 32 cannot claim; retirement age 55 a guide not a rule; cap of K100,000 applied. |
| Wamel v Motor Vehicles Insurance (PNG) Trust [1991] PGNC 22; N1002 | Death of Chimbu Works employee struck by truck at roadside | Dependency at K55 per fortnight; judgment K23,310.51 | Dangerous system of work at roadside; dependency of widow and children. |
| Sam v Motor Vehicles Insurance (PNG) Trust [1991] PGNC 27; N1022 | Death of passenger on overladen utility | Widow K20 per week for 30 years, children K10 per week each; judgment K31,633.40 | Collision between two vehicles; contributory negligence for overloading considered. |
| Nolnga v Motor Vehicles Insurance (PNG) Trust [1991] PGNC 68; [1991] PNGLR 436; N983 | Death of industrious wife (pig and coffee business, tavern) | K2,000 per year to trial; K5,000 future; K1,000 less 30% for increased risk of orphanhood (child 11); total K14,566.72 less K1,500 Basic Protection = K12,366.72 | Loss of a mother’s financial contribution; increased risk of orphanhood recognised; Basic Protection payment deducted. |
| Elewai v Motor Vehicles Insurance (PNG) Trust [1992] PGLawRp 615; [1992] PNGLR 34 | Death of village husband | Widow K6 per week for 30 years; adopted child K2.50 per week; judgment K5,143.12 | Subsistence contributions assessed without exact figures; customary adopted child’s dependency reduced. |
| Waima v Motor Vehicles Insurance (PNG) Trust [1992] PGLawRp 598; [1992] PNGLR 254 | Death of wage-earning son | Widow K3,325 to judgment; son K1,330; each parent K399; judgment K16,999.95 | Expired registration and insurance do not defeat a s 54 claim; riding in an unregistered, uninsured vehicle is contributory negligence; a son in paid work supports his parents by custom so parents can be dependants. |
| Pagau v Motor Vehicles Insurance (PNG) Trust [1992] PGLawRp 599; [1992] PNGLR 26 | Death of PMV crew member over a cliff | Widow K6 per week, each child K5; judgment K15,856.13; children’s shares invested | No overloading so no contributory negligence; dependency split into loss to trial (with interest) and future loss (no interest). |
| Motor Vehicles Insurance (PNG) Trust v Job Builders Pty Ltd [1992] PGLawRp 642; [1993] PNGLR 272 | Death of employee in Lae 1982 | Employer entitled to indemnity from Trust for K16,444.50 compensation paid, with interest | Employer’s right of indemnity against the Trust arises at the accident and crystallises when compensation is paid. |
| Kopon v Motor Vehicles Insurance (PNG) Trust [1992] PGNC 29; N1084 | Death of village pedestrian knocked down | Widow K5 per week for 25 years, children and parents K4 per week; less 60% contributory negligence; less K2,000 Basic Protection; judgment K3,379.89 | Deceased pedestrian 60% at fault; Basic Protection payment deducted from damages. |
| Nugints v Motor Vehicles Insurance (PNG) Trust [1992] PGNC 38; N1117 | Death of security employee who tried to climb onto a moving vehicle | Claim failed | No duty breached where deceased ran across and tried to board a moving vehicle while intoxicated. |
| Paula v Motor Vehicles Insurance (PNG) Trust [1992] PGNC 4; N1032 | Death of bus passenger when bus hit parked truck | Wife and child K70 per fortnight; judgment K28,480; K6,632.50 invested for child | Bus driver negligent absent explanation; two-part dependency method with interest only on past loss. |
| Waine v Motor Vehicles Insurance (PNG) Trust [1993] PGLawRp 551; [1993] PNGLR 446 | Death of provincial minister; three wives and three children | Wives K5,093.16 each; children K1,697.72 each; judgment K39,184.76 | Unchallenged police evidence of registration and insurance sufficient; bad road after rain raises the driver’s duty. |
| Kosam v Motor Vehicles Insurance (PNG) Trust [1993] PGLawRp 557; [1993] PNGLR 481 | Woman school teacher killed by vehicle driven by her husband | K10 per week per child; parents K4 per week; customary compensation of pigs and cash deducted; judgment K13,031.72 | Liability apportioned 50%; parents and children of deceased teacher can claim; pleadings sufficient. |
| Dingi v Motor Vehicles Insurance (PNG) Trust [1994] PGLawRp 630; [1994] PNGLR 385 | Death of 18-year-old daughter | Loss of support and expected bride price; 25% reduction for contributory negligence; judgment K4,627.80 | Customary obligations and loss of expected bride price are recoverable heads. |
| Gene v Motor Vehicles Insurance (PNG) Trust [1994] PGLawRp 676; [1995] PNGLR 344 | Death of daughter | - | Deed of release signed by thumbprint by an illiterate villager without his lawyers, when MVIT knew he had lawyers, set aside as unconscionable; failure to file a reply not fatal where issue flagged. |
| Dup v Motor Vehicles Insurance (PNG) Trust [1995] PGNC 54; N1403 | Death of pedestrian crossing highway | Dependency at about K75 per week; judgment K23,091.10 | Evidence contrary to pleadings (vehicle uninsured as pleaded). |
| Lipai and Others v Motor Vehicles Insurance (PNG) Trust [1996] PGLawRp 742; [1996] PNGLR 363 | Death 4 January 1991 | Claim statute-barred | Three-year limit under Wrongs Act s 31 applies to death claims against the Trust. |
| Gene v Motor Vehicles Insurance (PNG) Trust [1997] PGNC 99; N1604 | Death; K5,000 Basic Protection paid to deceased’s mother and uncle rather than the widow | K5,000 Basic Protection Compensation | Dispute over who is the entitled person to receive Basic Protection Compensation. |
| Ambo v Motor Vehicles Insurance (PNG) Trust [1999] PGNC 124; N2162 | Death from motor accident injuries | - | Claim for death under s 54 is a Wrongs Act claim: three-year limit under s 31, not six years; brother had no standing without pleading representative capacity. |
| Jacob v Motor Vehicles Insurance (PNG) Trust [1999] PGLawRp 688; [1999] PNGLR 537 | Death; three widows | No damages awarded | Owner and driver may not admit liability without the Trust’s written consent (s 53); evidence of ages, dependency and life expectancy essential. |
| Kolum v Motor Vehicles Insurance (PNG) Trust Ltd [2000] PGLawRp 409; [2000] PNGLR 40 | Death | - | Notice means writing to inform the Trust of the intention to claim; it need not contain all particulars of the vehicle or accident. |
| Ambo v Motor Vehicles Insurance (PNG) Trust [2002] PGSC 21; SC681 | Death from motor vehicle accident | - | Whether Wrongs Act three-year limit or Frauds and Limitations six years applies to death claims under s 54. |
| Koime v Motor Vehicles Insurance Ltd [2004] PGNC 6; N2783 | Death on Okuk Highway | - | Time-bar application in a dependency claim. |
| Motor Vehicles Insurance Ltd v Pojari [2005] PGSC 25; SC799 | Death of motor cycle pillion passenger without helmet after drinking | General damages K30,326 at 90%; SC apportioned 30% to deceased | Correspondence and Basic Protection payment can constitute notice (Tendi approved); voluntary assumption of risk by drunk pillion passenger without helmet: 30% contributory. |
| Martin v Motor Vehicles Insurance (PNG) Trust [2007] PGSC 36; SC896 | Dependency claim | Objection upheld in part | Grounds of fact alone need leave; mixed fact and law do not. |
| Paru v Motor Vehicle Insurance Ltd [2008] PGNC 100; N3407 | Death of child hit by vehicle at Kaugere 2005 | Extension of 14 days granted | Due search and inquiry proved; customary feast obligations part of sufficient cause. |
| Ziporo v Motor Vehicles Insurance Ltd [2008] PGNC 234; N3701 | Death of pedestrian on Ela Beach Road | Claim dismissed | Vehicle not identified and no evidence of negligence; category of claim must be established. |
| Kuri v Motor Vehicles Insurance Ltd [2011] PGSC 26; SC1117 | Death of intoxicated son falling from forklift | Appeal dismissed | Accident report alone, not sourced from a Motor Traffic Registry search, insufficient proof of registration and insurance where disputed. |
| Motor Vehicles Insurance Ltd v Estate of Prose Manus Ove [2015] PGNC 165; N6063 | Death of deceased engaged in criminal conduct | Declaration only; certiorari refused for delay | Relatives should not benefit from the deceased’s criminal conduct; delay defeats certiorari. |
| Motor Vehicles Insurance Ltd v Kiangua [2015] PGSC 70; SC1476 | Death of pedestrian struck by Canter | Damages reduced from K36,864.96 to K34,265.76 by removing unpleaded funeral expenses K1,500 | After default judgment MVIL cannot raise Wrongs Act s 31; statement of claim is the proxy for the judgment; unpleaded heads cannot be awarded. |
| Manduru v Motor Vehicles Insurance Ltd [2016] PGNC 308; N6509 | Death of 17-year-old son | Estate claim K8,000; dependency K33,540 (K60 per week for 10.75 years, reduced on appeal to K16,770); solatium K600; specials K10,000; total K52,140 plus interest K16,684.80 | Parent’s dependency on a child recognised; estate claim above conventional K3,000 (see SC1750). |
| Motor Vehicles Insurance Ltd v Manduru [2018] PGSC 93; SC1750 | Death of 17-year-old son | Estate claim K8,000 upheld; dependency reduced from K33,540 to K16,770 | Conventional K3,000 estate award unrealistic; parents’ dependency on a child assessed with caution. |
| Ken v Motor Vehicle Insurance Ltd [2022] PGNC 516; N10020 | Death of five-year-old crossing road | Liability found (reversed SC2522) | Trial judge found dangerous driving; pleading defects excused. |
| Motor Vehicles Insurance Ltd v Ken [2023] PGSC 170; SC2522 | Death of five-year-old crossing road | Appeal allowed; proceeding dismissed | Medical and police accident reports must be attached to affidavits of their authors; if admitted over objection they carry no weight. |
| Lama v Motor Vehicle Insurance Ltd [2025] PGNC 461; N11612 | Four-month-old injured June 2016, died June 2017 | Leave refused | Even with sufficient cause, claim statute-barred under Wrongs Act s 31 three years from death; applicant not a "claimant". |
Cases decided on points of practice or procedure (88)
| Case | Subject | Outcome | Point of law |
|---|---|---|---|
| Tunboro v Motor Vehicles Insurance (PNG) Trust [1984] PGLawRp 452; [1984] PNGLR 272 | evidence; reopening | - | Six-point test for reopening a case to admit fresh evidence. |
| Rundle v Motor Vehicles Insurance (PNG) Trust [1986] PGLawRp 355; [1986] PNGLR 181 | s 54(6) notice | - | Notice under s 54(6) is a condition precedent; a claimant granted an extension by the Commissioner who lets it lapse cannot go back to the Commissioner. |
| Polling v Motor Vehicles Insurance (PNG) Trust and Bowmans Bougainville Pty Ltd and Bougainville Development Corporation Ltd [1986] PGLawRp 364; [1986] PNGLR 228 | practice; service | - | Time for serving amended originating process runs from amendment; court may dispense with strict compliance with NCR. |
| Rundle v Motor Vehicles Insurance (PNG) Trust [1987] PGNC 61; [1987] PNGLR 44; N586 | s 54(6) notice; Hansard | Extension refused (reversed on appeal in Rundle No 1) | Parliamentary debates may be used to resolve ambiguity in s 54(6). |
| Motor Vehicles Insurance (PNG) Trust v Reading [1988] PGSC 23; [1988-89] PNGLR 236 | statutory cap; interest; costs | Damages K209,095.89 assessed; Trust liable to cap of K100,000 plus interest and costs | Cap in s 49(2) applies to damages only; interest and costs recoverable on top (Kerr followed). |
| Rundle v Motor Vehicles Insurance (PNG) Trust (No 1) [1988] PGSC 28; [1988-89] PNGLR 20 | s 54(6) notice; extension | Extension granted on appeal | Notice mandatory and a condition precedent; a writ is not a notice; one application to Commissioner then court; discretion on proper principles. |
| Pierce v Motor Vehicles Insurance (PNG) Trust [1989] PGLawRp 53; [1988-89] PNGLR 480 | joinder; limitation | - | Owner or driver may be joined after the limitation period where served with a copy of the claim within time; O 5 r 11(3) not a bar. |
| Daguma v Motor Vehicles Insurance (PNG) Trust [1991] PGNC 6; N955 | s 54(6) notice; extension | - | Extension of time to give notice to the Trust. |
| Motor Vehicles Insurance (PNG) Trust v Enn [1991] PGNC 16; N987 | liability; District Court appeal | District Court award of K665 set aside | Door within the passenger’s own control; no negligence by driver. |
| Motor Vehicles Insurance (PNG) Trust v Salem [1991] PGNC 65; [1991] PNGLR 305; N998 | lawyer’s authority; settlement | Settlement enforced | A lawyer on the record can bind the client to a compromise not involving collateral matters. |
| Pickthall v Motor Vehicles Insurance (PNG) Trust [1991] PGNC 73; [1991] PNGLR 113 | joinder; s 54(5) | Leave refused | Excess over the cap must be specifically pleaded under s 54(5); joinder unavailable after discontinuance. |
| Alo v Motor Vehicles Insurance (PNG) Trust [1992] PGLawRp 629; [1992] PNGLR 487 | proof of insurance | Claim dismissed | Registration and insurance of the vehicle require strict proof; no presumption of insurance without certificates (Ambon v MVIT followed). |
| Fraser v Motor Vehicles Insurance (PNG) Trust [1992] PGNC 25; N1089 | default judgment; service | Default judgment set aside | Personal service on a statutory corporation must be strictly proved; irregular default judgment set aside as of right. |
| Kei v Motor Vehicles Insurance (PNG) Trust [1992] PGLawRp 588; [1992] PNGLR 195 | pleading; proof | - | NCR O 8 r 8: facts must be pleaded and proved; merely citing s 54 is insufficient. |
| Fraser v Motor Vehicles Insurance (PNG) Trust [1992] PGNC 25; N1089 | default judgment; service | Default judgment set aside | See index-2 (same case). |
| Motor Vehicles Insurance (PNG) Trust v Popo [1992] PGNC 6; N1048 | judicial review; Commissioner; natural justice | - | Insurance Commissioner’s decision on extension is amenable to judicial review; must act judicially and hear the Trust. |
| Alo v Motor Vehicles Insurance (PNG) Trust [1993] PGLawRp 505; [1993] PNGLR 1 | appeal; leave | - | Notice of appeal must state that leave is sought for grounds of fact alone. |
| Dick v Motor Vehicles Insurance (PNG) Trust [1993] PGLawRp 550; [1993] PNGLR 443 | s 54(6) notice | Proceedings dismissed | A notice given after six months and before an extension is a nullity; a later extension does not revive it, even where the earlier notice was a writ. |
| George v Motor Vehicles Insurance (PNG) Trust [1993] PGLawRp 556; [1993] PNGLR 477 | pleadings; amendment | - | Amendment of statement of claim after close of evidence allowed only where issue aired at trial and no prejudice (NCR O 8 r 50). |
| Moses v Motor Vehicles Insurance (PNG) Trust [1993] PGLawRp 509; [1993] PNGLR 63 | elements of the claim | - | Three things must be proved: an accident; a properly identified vehicle (or due search and inquiry); injury or death caused by negligence. |
| Iohoi v Motor Vehicles Insurance (PNG) Trust [1993] PGLawRp 536; [1993] PNGLR 360 | practice; notice of motion | Motions dismissed | Notices of motion not served in accordance with the Rules dismissed. |
| Motor Vehicles Insurance (PNG) Trust v Menda [1994] PGLawRp 614; [1994] PNGLR 268 | s 54(6) notice; District Court | Action dismissed | Where no notice given the action must be dismissed; the court cannot extend time within that action; District Court may extend time where claim within its limit; separate application required. |
| Marcus v Motor Vehicles Insurance (PNG) Trust [1994] PGNC 18; N1351 | employment (unrelated) | Judgment K10,103 | Not a motor vehicle case despite party name. |
| Rawa v Motor Vehicles Insurance (PNG) Trust [1994] PGNC 21; N1276 | s 54(6) extension; delay | - | Application to court three and a half years after accident; prejudice assessed from police report. |
| Ivia v Motor Vehicles Insurance (PNG) Trust [1995] PGLawRp 681; [1995] PNGLR 183 | s 54(6) extension; sufficient cause | - | Onus on plaintiff to show sufficient cause, widely interpreted; justice of the case and prejudice to the Trust are the considerations. |
| Motor Vehicles Insurance (PNG) Trust v Waige, Jack and Gedua [1995] PGLawRp 684; [1995] PNGLR 202 | pleading; defence | Defences reinstated | General denial of each allegation is not pleading the general issue; MVIT defences reinstated on appeal. |
| Konga v Motor Vehicles Insurance (PNG) Trust [1995] PGNC 27; N1349 | default judgment; no notice | Default judgment set aside | Default judgment irregular where no s 54(6) notice was given. |
| Yalao v Motor Vehicles Insurance (PNG) Trust [1995] PGNC 46; N1386 | reopening trial | - | Application to reopen at end of trial: discretion and grounds. |
| Pup v Motor Vehicles Insurance (PNG) Trust [1996] PGLawRp 705; [1996] PNGLR 66 | s 54(6) extension; evidence | - | Court not bound by technical rules of evidence on an extension application; police and medical reports admissible through affidavit; Trust has a right to be heard. |
| Kalalyo v Motor Vehicles Insurance (PNG) Trust [1996] PGLawRp 743; [1996] PNGLR 368 | s 54(6) extension; ignorance | Extension granted | Claimant ignorant of s 54(6) who pursues the claim once aware should readily be granted an extension. |
| Tendi v Motor Vehicles Insurance (PNG) Trust [1996] PGLawRp 745; [1996] PNGLR 379 | s 54(6) notice; oral notice | - | "Notice" has its ordinary meaning; may be written or oral depending on the claimant’s circumstances; should give particulars of accident, injuries and intention to claim. |
| Pup v Motor Vehicles Insurance (PNG) Trust; John v Motor Vehicles Insurance (PNG) Trust [1996] PGNC 74; N1415 | s 54(6) extension; evidence | - | See PGLawRp-1996-705 (same case). |
| Akopa v Motor Vehicles Insurance (PNG) Trust [1997] PGNC 95; N1603 | s 54(6) notice | - | Notice of intention to claim. |
| Koralyo v Motor Vehicles Insurance (PNG) Trust [1997] PGNC 126; N1666 | Commissioner’s letter; post | - | Commissioner’s extension letter sent by post: statutory service rules applied. |
| Nauka v Motor Vehicles Insurance (PNG) Trust [1997] PGNC 156; N1680 | s 54(6) extension | - | Sufficient cause considered. |
| Jowana v Motor Vehicles Insurance (PNG) Trust [1997] PGNC 157; N1681 | s 54(6) extension | - | Burden on applicant; sufficient cause interpreted liberally. |
| Waink v Motor Vehicles Insurance (PNG) Trust [1997] PGNC 218; [1997] PNGLR 390 | want of prosecution | - | Dismissal only for intentional default or inordinate and inexcusable delay. |
| Umbe and Ngants Kopi v Motor Vehicles Insurance (PNG) Trust [1997] PGNC 67; N1574 | unidentified vehicle | - | Categories of claim under s 54(1) must be established. |
| Aerato Security Services Pty Ltd v Motor Vehicles Insurance (PNG) Trust [1998] PGLawRp 739; [1998] PNGLR 232 | lawyers; conflict | - | Solicitor formerly acting for the other side restrained only where real risk of misuse of confidential information. |
| Nul v Motor Vehicles Insurance (PNG) Trust [1998] PGLawRp 764; [1998] PNGLR 264 | s 54(6) extension | - | After Commissioner refuses, only the National Court can extend; sufficient cause interpreted widely; prejudice measured from accident to service of notice. |
| Ume v Motor Vehicles Insurance (PNG) Trust [1998] PGNC 217; [1998] PNGLR 253 | s 54(6) notice; content | - | Lawyers’ letters with bare information are not a valid notice. |
| Motor Vehicles Insurance (PNG) Trust v Insurance Commissioner [1998] PGNC 33; N1725 | judicial review; Commissioner | - | Trust’s review of the Commissioner’s grant of an extension; sufficient cause discussed. |
| Yopole v Motor Vehicles Insurance (PNG) Trust [1998] PGNC 88; N1758 | s 54(6) notice; extension | - | Notice enclosing Commissioner’s extension. |
| Motor Vehicles Insurance (PNG) Trust v Matrinus Nunu [1998] PGSC 38; SC571 | liability; parked vehicle reversing; painter on ladder | Award K57,456.68 confirmed; K43,092.51 payable | Driver reversing without care towards a ladder beside the road liable. |
| Motor Vehicles Insurance (PNG) Trust v Viel Kampu [1998] PGSC 49; SC587 | s 54(6) extension; judicial determination | - | Application to Commissioner or court must be determined judicially; lawyers cannot apply without instructions; evidence must be in admissible form. |
| Motor Vehicles Insurance (PNG) Trust v Bure [1999] PGLawRp 671; [1999] PNGLR 273 | s 54(6) extension; service | - | Trust entitled to notice of an extension application under NCR O 4 r 29. |
| Motor Vehicles Insurance Ltd v Kuma [2000] PGLawRp 405; [2000] PNGLR 1 | s 54(6) extension; sufficient cause | - | Sufficient cause means a reasonable explanation for the delay and no prejudice to the Trust; police and medical reports are not prerequisites to giving notice; lawyers’ default is not a good basis. |
| Kumba v Motor Vehicles Insurance (PNG) Trust [2001] PGNC 53; N2132 | s 54(6) notice; estoppel | Claim failed | MVIT continuing to liaise does not create an estoppel against the statutory notice requirement. |
| Post & Telecommunication v Motor Vehicles Insurance (PNG) Trust [2003] PGNC 30; N2479 | workers compensation indemnity | - | Workers’ Compensation Act s 86(2)(d) indemnity not self-executing; special damages must be strictly proved. |
| Muniakali v Motor Vehicles Insurance Ltd [2004] PGSC 10; SC764 | s 54(6) notice; invalid notice annexed | Appeal dismissed | A notice given outside time does not become valid by being annexed to a later letter after the Commissioner’s extension; fresh notice required within the extended period. |
| Aba v Motor Vehicles Insurance Ltd [2005] PGSC 38; SC779 | appeal; competency | - | Objection to competency under Supreme Court Act s 14. |
| Ihari v Motor Vehicles Insurance Ltd [2006] PGSC 41; SC1317 | adjournment; natural justice | Appeal allowed | Judge must hear the explanation before refusing an adjournment; considerations listed. |
| Motor Vehicles Insurance Ltd v Paki [2006] PGNC 130; N3212 | discovery; liquidator | Defence struck out | MVIL v Paki: liquidator’s defence struck out for failing to give discovery of invoices. |
| Motor Vehicles Insurance Ltd v Kuri [2006] PGSC 7; SC825 | limitation; accrual | Action dismissed | Cause of action accrues at the accident, not when notice is given; six years under Frauds and Limitations Act s 16. |
| Motor Vehicles Insurance Ltd v Joe [2007] PGSC 20; SC863 | defence; time | Registry wrong to refuse defence | Defence may be filed within 44 days of service regardless of notice of intention to defend (NCR O 7 r 6(2), O 8 r 4). |
| Jack v Motor Vehicles Insurance Ltd [2008] PGNC 53; N3342 | service of writ | Proceedings dismissed | Writ not served within two years; amended writ set aside. |
| Pato v Motor Vehicles Insurance Ltd [2008] PGNC 93; N3403 | s 54(6) extension; remote area | Leave granted: 21 days to give notice | Isolation and scarce legal services relevant to sufficient cause. |
| Motor Vehicles Insurance (PNG) Trust Ltd v Yama Security Services Ltd [2009] PGSC 23; SC1004 | slip rule; judgment debtor | Judgment K4,398,937.85 against MVIL | Application to reopen refused; MVIL bound by substitution as judgment debtor. |
| Paki v Motor Vehicle Insurance Ltd [2010] PGSC 2; SC1015 | discovery; costs | Appeal dismissed with indemnity costs | Liquidator’s defence struck out for non-disclosure of invoices; conduct improper. |
| Kerowa v Motor Vehicles Insurance Ltd [2010] PGSC 52; SC1100 | s 54(6) notice; estoppel | Appeal dismissed | Estoppel cannot be invoked against a statutory condition precedent. |
| Dire v Motor Vehicles Insurance Ltd [2011] PGNC 235; N4287 | practice; lawyer withdrawal | - | Lawyer must give seven days notice before withdrawing (NCR O 2 rr 39 and 40). |
| Inugu v Motor Vehicle Insurance Ltd [2011] PGSC 66; SC1155 | appeal; want of prosecution | Appeal dismissed | Delay in preparing appeal books; appeal dismissed for want of prosecution. |
| Kewa v Motor Vehicles Insurance Ltd [2011] PGNC 162; N4440 | disabled plaintiff; O 5 rr 21-22 | Proceeding allowed to continue | Substantial compliance with rules for a disabled person’s proceedings. |
| Taemae v Motor Vehicle Insurance Ltd [2011] PGSC 20; SC1121 | appeal; costs | - | Leave needed for appeal against costs only. |
| Amaka v Motor Vehicles Insurance Ltd [2012] PGNC 174; N4865 | want of prosecution | - | Application to dismiss under NCR O 10 r 5. |
| John v Motor Vehicle Insurance Ltd [2012] PGNC 175; N4867 | want of prosecution | Dismissed | No activity for over a year. |
| Motor Vehicles Insurance Ltd v Kunjil [2012] PGSC 18; SC1183 | stay | - | Stay of National Court proceedings pending appeal: factors. |
| Anda v Motor Vehicle Insurance Ltd [2015] PGNC 232; N6137 | want of prosecution | Dismissal refused | Delay explained; not just to dismiss. |
| Independent Public Business Corporation of Papua New Guinea v Motor Vehicles Insurance Ltd [2015] PGNC 200; N6101 | contempt; costs | - | Contempt allegations against lawyers in IPBC v MVIL litigation; no indemnity costs. |
| Independent Public Business Corporation of Papua New Guinea v Motor Vehicles Insurance Ltd [2015] PGNC 51; N5982 | lawyers; conflict | - | Application to restrain Gadens from acting refused; NNL never a client. |
| Tumu v Motor Vehicle Insurance Ltd [2015] PGNC 233; N6136 | costs; taxation review | Extension granted | Time to seek review of taxed costs extended. |
| Gabriel v Motor Vehicle Insurance Ltd [2017] PGNC 122; N6777 | enforcement; garnishee; MVIL is the State | Leave to serve garnishee notice refused | MVIL held to be "the State" for the purposes of the Claims By and Against the State Act, so garnishee proceedings are not available against it. |
| Timot v Motor Vehicles Insurance Ltd [2019] PGNC 408; N8088 | enforcement; garnishee; State entity | Garnishee proceedings dismissed | MVIL is a State entity under the Claims By and Against the State Act and exempt from garnishee proceedings. |
| Nekiye v Motor Vehicles Insurance Ltd [2019] PGSC 76; SC1846 | proof; Evidence Act s 37 | Appeal dismissed | Plaintiff failed to establish s 54 requirements; s 37 discretion on medical evidence. |
| Peter v Motor Vehicle Insurance Ltd [2020] PGNC 455; N8728 | substitution; want of prosecution | Proceedings dismissed | Delay of nine years since accident prejudices defendant. |
| Motor Vehicles Insurance Ltd v Opeta [2020] PGSC 45; SC1954 | review; leave | Leave to review refused | MVIL’s application for leave to review refused. |
| Independent Public Business Corporation v Motor Vehicles Insurance Ltd [2021] PGNC 5; N8718 | want of prosecution | - | IPBC v MVIL: dismissal for want of prosecution refused. |
| Igime v Motor Vehicle Insurance Ltd [2021] PGSC 37; SC2111 | review; leave | Dismissed | Application under Constitution s 155(2)(b) without leave is an abuse of process. |
| Independent Public Business Corporation v Motor Vehicles Insurance Ltd [2022] PGNC 510; N10050 | want of prosecution | - | IPBC v MVIL: dismissal refused with stern warning about further delay. |
| Vali v Motor Vehicles Insurance Ltd [2022] PGNC 225; N9654 | pedestrian; liability | Judgment on liability | No contributory negligence by pedestrian. |
| Motor Vehicles Insurance Ltd v Susana [2022] PGSC 8; SC2194 | review; competency | Objection dismissed | Objection to competency must go to jurisdiction. |
| Awasa v Motor Vehicles Insurance Ltd [2024] PGSC 161; SC2743 | security for costs | K25,000 security for costs ordered | Special circumstances for security for costs on appeal. |
| Lapet v Motor Vehicles Insurance Ltd [2024] PGSC 160; SC2744 | security for costs | K25,000 security ordered | Special circumstances established. |
| Pak v Motor Vehicles Insurance Ltd [2024] PGSC 162; SC2745 | security for costs | K25,000 security ordered | Special circumstances established. |
| Finance Corporation Ltd (trading as FINCORP) v Motor Vehicle Insurance [2025] PGNC 15; N11138 | chattel mortgage | - | Finance company’s claim to possession of a vehicle under a registered chattel mortgage; not a personal injury case. |
| Sent v Motor Vehicle Insurance Ltd [2025] PGNC 320; N11458 | want of prosecution | Dismissed | Multiple proceedings dismissed for want of prosecution. |
| Lapet v Motor Vehicles Insurance Ltd [2025] PGSC 48; SC2742 | security for costs | Application refused | Orders for security for costs stand. |
| Kapo v Motor Vehicles Insurance Ltd [2026] PGSC 66; SC2910 | appeal; want of prosecution | Appeals dismissed | Lawyer’s inaction no excuse; appeals not prosecuted for eighteen months. |
Limits of the index
The index covers cases in which the insurer was a named party and which PacLII has published. Motor accident claims brought against drivers, owners or the State alone, unreported settlements, and District Court decisions are not included. Two judgments in the list, on hire cars and on the insurer’s own commercial disputes, are included for completeness but are not personal injury cases.
Sources
- PacLII year indexes for the Supreme Court, the National Court and the PNG Law Reports, 1975 to 2026, searched on 5 September 2026.
- Motor Vehicles (Third Party Insurance) Act (Chapter 295); Wrongs (Miscellaneous Provisions) Act (Chapter 297).
Check the section yourself
Before relying on anything here, read the current text of the Motor Vehicles (Third Party Insurance) Act (Chapter 295) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.