Luk Sui Yung v. Ng Lai Sim and Another

HCA000287/1977

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

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Coram: Mr. Registrar O'Dea in Chambers.

Date of Judgment: 4th July 1977.

Mr. Edward Chan instructed by Bernard Wong & Co. for Plaintiff.

Mr. R.F. Taylor of Johnson, Stokes & Master for Defendant.

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DECISION

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1. The plaintiff herein is the administratrix of the estate of her deceased son, Lam Kam-sing who was killed as a result of a motor vehicle accident on the 5th November 1974.

2. Interlocutory judgment was entered against the 1st and 2nd defendants on 18th April 1977 for damages to be assessed.

3. Damages are claimed under the Law Amendment and Reform (Consolidation) Ordinance for the benefit of the estate of the deceased and under the Fatal Accidents Ordinance on behalf of the following persons:-

4. At the time of his death the deceased was aged 19 years and was single. He was employed by a gold and jewellery workshop earning $850 per month. The plaintiff gave evidence that the deceased took his meals at the workshop but returned home to sleep each evening. He would eat at home only once each week. Cut of his salary he contributed $600 to the plaintiff for household expenses. In view of the limited time he spent at home I consider that only $100 per month would have been used for his own benefit and the loss of dependency is therefore assessed at $500 per month.

5. The plaintiff works as a baby sitter and earns $800 per month. She received financial contributions from other adult members of the family for whom dependency is not claimed. The deceased's father suffers from ill health and has been unemployed for some considerable time. The two sisters of the deceased are both attending secondary schools and although their future intentions are somewhat uncertain it has been suggested that if money is available they will continue their studies. The present school fees being paid for both the deceased's sisters are appoximately $160 per month. The plaintiff gave evidence of the deceased's concern that his sisters be given the opportunity of attaining a good education and I think it would be appropriate if I apportion the monthly dependency value at $80 for each of the deceased's sisters and the balance, namely $340, for his parents.

6. In considering what multiplier should be adopted with respect to the dependency of the deceased's parents I have been referred to previous decisions where the facts are somewhat similar and multipliers have varied between 6 and 9. It was submitted that the age and state of health of the deceased's father was a factor which would support the adoption of a multiplier at the lower end of the scale. This is only one of the many matters which should be taken into account and in all the circumstances I consider that a fair multiplier would be 7. The damages to be awarded to the dependent parents of the deceased under the Fatal Accidents Ordinance therefore total $28,560.00 ($340 x 12 x 7).

7. I am satisfied that a lower multiplier should be applied to the claim of the dependent sisters. In the normal course of events both would be expected to be earning a living in 3 or 4 years time and would therefore cease to be dependant. I will adopt a multiplier of 3 ½ and calculate their total damages as $3,360.00 each ($80 x 12 x 3 ½).

8. As any damages awarded under the Law Amendment and Reform (Consolidation) Ordinance for loss of expectation of life will merge with the damages already awarded under the Fatal Accidents Ordinance the amount to be assessed is of only academic interest. It is interesting, however, to note that recent assessments have increased from the usual award of $8,000 to $10,000. I am of the opinion that there is considerable justification for these awards to be reviewed from time to time and I will also assess such damages at $10,000.

9. Special damages were agreed as follows:

10. In view of the age of the two infant dependants I do not consider it necessary to order that the amounts awarded to them be paid into court and such amounts as have been awarded can be paid to the plaintiff to be applied for their benefit.

11. Interest is awarded on the special damages at the rate of 4% p.a. from the date of the accident and on general damages at the rate of 8% from the date of service of the writ, namely the 24th February 1977.

12. The plaintiff is awarded costs with a certificate for counsel on the assessment.

13. Date this 4th day of July 1977.

Representation:

Mr. Edward Chan instructed by Bernard Wong & Co. for Plaintiff.

Mr. R.F. Taylor of Johnson, Stokes & Master for Defendant.