Boy’s death to cost PNG Power K22,600

The National National

By HEZRON KISING
THE Waigani National Court has ordered PNG power to pay K22,600 to a father after his son was electrocuted at the back of a Post Office in Port Moresby in May.
Komai Hariwaja, from Tari in Hela, claimed loss of dependency, emotional compensation (solatium) and estate claim of funeral expenses as damages for the loss of his son.
It was alleged that Hariwaja’s five-year-old son Ripit was playing with his friends at the park located behind Boroko Post Office. He accidently came into contact with a fallen live wire and died on the spot.
Justice Ambeng Kandakasi ordered that:

  • There will be no award for loss of dependency, for lack of foundation in the pleadings and for lack of evidence substantiating the claim;
  • K8000 be awarded for the deceased’s estate claim;
  • K14,000 be awarded for special damages, namely funeral and related expenses; and
  • K600 for emotional compensation.

The court heard that the loss of dependency claim argued before the court was K100,000.
However, the court’s decision stated that the submission was seriously flawed and against clearly expressed statutory and case law.
The court was told that the family of the deceased spent more than K50,000 to repatriate the body from Port Moresby to Tari, including paying for morgue fees to keep the body longer.
This was while other arrangements were made including payments for food, drinks and other items to cater for families
and friends who attended a haus krai.
It was alleged that those claims had not been recorded in the form of receipts or other means as evidence before the court.
Therefore, the court ruled that there was no evidence to support the claims.
Justice Kandakasi, when awarding the K600 in damages for emotional compensation, said the amount was the maximum amount allowed by law. But, if there must be an increase, it should come by way of amendments to the law by Parliament.