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Neanda v Walus [2005] PGDC 113; DC280 (14 October 2005)

DC280

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE NO 3791 OF 2002

BETWEEN

Peter Kali Neanda
Complainant

V

Kep Walus
First Defendant

Pelua Limited
Second Defendant

Port Moresby: Bidar, Pm
2005: 14th October

Damages - Claim for damages as a result of assault – Damages – Requirement to prove damages - - Assessment of – Judgment for complainant

Cases cited
There are not cases cited in the judgment

Counsel
Complainant appeared in person
First Defendant appeared for himself
And on behalf of the Second Defendant

DECISIONS

BIDAR, PM: This is a claim for damages as a result of assault inflicted on the complainant when he was 6 years struck the first Defendant on his hand with the fuel pump, and injured his fingers. The second Defendants is vicariously liable for actions of its employee/ or servant:

The issue of liability having been established, this matter comes before me for assessment of quantum of damages.

Before assessing damages, let me make note that, this matter was previously dealt with in April 2005 ex parte where judgment in the sum of K3 780.00 was entered in favour of the Complainant. This judgment was set-aside on application and substantive matter reinstated. Defendants made representation when Mr. Walus appeared on one or two occasions but decided not to appear. They have filed not documents including a defense or any affidavit at all.

Complainant claims K10,000.00, as damages for personal injuries sustained, when he was struck by the First Defendant with a fuel pump on his middles finger (ring man). The Doctor’s report assessed 45% loss of efficient use of his right middles finger and 15% disfigurement:

As to special damages, he claims costs of medical expenses of which he provides no evidence. I accept that despite lack of evidence some expenses were incurred for treatment.

In all the circumstances I assess sum of K3 000.00 as general damages, which I award to the Complainant.

As to the special damages, in the absence of evidence such as receipts for payments of treatment or Doctors bills, I accept that some expenses were incurred for treatment, I assess K500.00 which I award.

I allow interest at 8% on the whole amount from 15th December 2002 the date of filing of summons to Judgment, which calculates to K790.00.

I order Judgment for Complainant against the Defendants in the sum of K4 290.00 inclusive of interest. Complainant shall have his costs of this proceedings which shall be paid by the Defendants to be taxed if not agreed:

In Person: Complainant
In Persons: Defendant