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Ekip v The State [1990] PNGLR 577 (3 August 1990)

Papua New Guinea Law Reports - 1990

[1990] PNGLR 577 - Yong Ekip v The State 

[1990] PNGLR 577

N900

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

YONG EKIP

V

THE INDEPENDENT STATE OF PAPUA NEW GUINEA

Mount Hagen

Woods J

25 July 1990

3 August 1990

DAMAGES - Fatal accidents - Particular awards - Claim by two widows, five children and father - Subsistence family - No evidence of earnings or contribution of deceased - Deceased aged 35 years - K4 per week appropriate for widows and father - K3 per week appropriate for children.

The plaintiff, a widow in her mid thirties, claimed damages on behalf of herself, another wife, their five children and the deceased husband’s father, arising out of the death of the husband, a subsistence farmer aged 35 years, in a motor vehicle accident.

Held

In the absence of evidence of income from or the husband’s contribution to the subsistence farming, the sum of K4 per week should be allowed for the wives and father subject to a 20 per cent reduction for contingencies, and the sum of K3 per week for each of the children until age 16 with a 10 per cent reduction for contingencies.

Statement of Claim

This was an action for damages for loss of dependency brought by a widow on behalf of herself, another wife, their five children and the deceased husband’s father.

Counsel

P Kopunye, for the plaintiff.

No appearance for the State.

Cur adv vult

3 August 1990

WOODS J: The plaintiff is the widow of one Ronald Ekip Kise who was killed through the negligent driving of one Warea Sera of a State-owned motor vehicle, registration no ZGN 422, on 2 December 1989. The deceased was struck by the State-owned vehicle whilst he was walking along the Mendi Tambul Road. A writ of summons was issued on 8 March 1990 and, failing the filing of any appearance or intention to defend on behalf of the State, judgment was ordered on 11 May 1990 for damages to be assessed.

This, therefore, is an assessment of the dependency claim on behalf of the dependants and children of the deceased.

The deceased was aged about 35 years at the time of his death and he had two wives, five children and a father dependent on him. The deceased was a village subsistence gardener and was not in any wage-earning job. It is therefore very difficult to put a figure on the work done by the deceased for the support of his dependants. However, his work in clearing land for gardens, gardening, building houses and fences and drains does have some value. Of course I realise that much of the income-producing gardening work is done by the wives, but the husband’s share is quite substantial.

On the basis of 35 years at his death, according to the life expectancy tables he would live till about 65 years, but like his present father he would become dependent on his own children by 55 or, at the latest, 60 years. So I allow the dependency of the widows for 25 years. The father, himself at about 55 years now, could live for about another 15 years, so I allow a 15-year dependency for him. The children would of course be dependent till at least 16 years and there is no evidence to suggest such dependency would not have gone on any longer.

In the village subsistence farming position I allow K4 weekly loss to the father and each of the two widows and K3 to each of the children. I will reduce any amounts for the father and widows by 20 per cent for contingencies and for the children by 10 per cent.

I therefore compute as follows:

I order judgment in the sum of K13,747.10

I order that: the sum of K2,022.40 be paid to the father Kise, the sum of K2,950.40 be paid to Yong Ekip; the sum of K2,950.40 be paid to Booth Ekip; and the sum of K5,823.90 be paid to the Registrar to be invested by him as to K656.10 on behalf of Jully Ekip until she attains the age of 18 years which shall be deemed to occur on 1 March 1996; as to K1,004.40 on behalf of Joe Ekip until he attains the age of 18 years which shall be deemed to occur on 1 March 1999; as to K1,422.90 on behalf of Moses Ekip until he attains the age of 18 years which shall be deemed to occur on 1 March 2003; as to K1,220.40 on behalf of Kennedy Ekip until he attains the age of 18 years and shall be deemed to occur on 1 March 2001; and as to K1,520.10 on behalf of David Ekip until he attains the age of 18 years which shall be deemed to occur on 1 March 2004.

Judgment for plaintiffs

Lawyer for the plaintiff: P Kopunye.

Lawyer for the State: State Solicitor.