Fan Lik-ming and Antoher v. Lee Kam-han
Read the full judgment text of CACV 7/1977 on BabelCite. This Court of Appeal judgment.
1. This is an appeal from the Registrar's assessment of damages in a motor accident case. The parties agreed upon the question of liability in that the defendants admitted liability as to 75%. The learned Registrar then proceeded to assess damages after hearing evidence. He awarded damages for specific items viz:-
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CACV000007/1977 IN THE HIGH COURT OF HONG KONG (APPELLATE JURISDICTION) CIVIL APPEAL NO. 7 OF 1977 (On appeal from Action No. 339 of 1975) -----------------
----------------- Coram: Li, Trainor and Yang, JJ. Date of Judgment: 18th May, 1977. ----------------- JUDGMENT ----------------- Li, J.: 1. This is an appeal from the Registrar's assessment of damages in a motor accident case. The parties agreed upon the question of liability in that the defendants admitted liability as to 75%. The learned Registrar then proceeded to assess damages after hearing evidence. He awarded damages for specific items viz:-
2. Only one item has been challenged. It is the item for pain and suffering and loss of amenities on the ground that the $150,000 awarded is manifestly excessive and that the learned Registrar erred in law by including in the consideration of this item the loss of future earnings. Perhaps I should say at the outset that having read the learned Registrar's reasons for the decision I do not find that he has confused the two items of pain and suffering and loss of amenities with the item for loss of future earnings. In making the remark that the girl was unplaceable in the open market, he was merely distinguishing the facts in the case of Lee Woon Sun v. Wong Kin Keung from those in the present case. I have considered the authorities cited to us. In the case of Fu Yuk-ming v. Lee Fook-choi and another (1975) H.K.L.R.250 the injuries suffered by the boy were more severe than the respondent's in this case and the boy was found to require institutional care. I have also taken into consideration the comment by the Court of Appeal in Lee Woon Sun v. Wong Kin Keung (1976) H.K.L.R.296. It was said that the award on pain and suffering and loss of amenities awarded in the case of Fu Yuk-ming was low and should not be used as a yardstick. However, having compared that case with the present one, I have come to the conclusion that $150,000 for the item of pain and suffering and loss of amenities is manifestly excessive in the sense that it is two-thirds over and above the sum that was awarded for this item to the boy Fu Yuk-ming. I take into consideration that the respondent in this particular case is a girl of 12 ½ years old and in due course she will be more conscious than a boy would of the various scars that have been left on her limbs and her body. For this reason I have come to the conclusion that $125,000 is adequate compensation for the respondent. Accordingly only this item is reduced from $150,000 to $125,000. The total sum awarded should be so adjusted by a reduction of $25,000 for the item for pain and suffering. Trainor, J.: 3. I have heard what my learned brother has just said and I agree that the award of the learned Registrar of the sum of $150,000 with respect to her pain and suffering and loss of amenities should be reduced, and that in place of that figure there should be substituted a figure of $125,000. Yang, J.: 4. I concur. Representation: |