Lee Po Lin v. Tsui Hing Hau and Others
Read the full judgment text of HCA 1310/1977 on BabelCite. This High Court CFI judgment.
1. The deceased on the 18th day of February 1975 was a passenger in private car No. AL1805. The car was owned by the First Defendant and driven by the Second Defendant. The Second Defendant's insurer was joined to the action as the Third Defendant. The car was involved in an accident. The deceased was injured. On the 19th day of February, 1975 he died as a consequence of the injuries claimed in the accident. He was then aged 48 years. He left surviving the following dependants:-
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HCA001310/1977
IN THE SUPREME COURT OF HONG KONG HIGH COURT -----------------
----------------- Coram: Mr. Registrar Cruden in Chambers. Date of Judgment: 13th day of April, 1978. Mr. Bunting instructed by Rowdget W. Young & Co. for Plaintiff. Mr. Niamatullah instructed by Yu, Tsang & Loong for 1st and 2nd Defendants. Mr. R. Tang instructed by Gallant Y.T. Ho & Co. for 3rd Defendant. ----------------- DECISION ----------------- 1. The deceased on the 18th day of February 1975 was a passenger in private car No. AL1805. The car was owned by the First Defendant and driven by the Second Defendant. The Second Defendant's insurer was joined to the action as the Third Defendant. The car was involved in an accident. The deceased was injured. On the 19th day of February, 1975 he died as a consequence of the injuries claimed in the accident. He was then aged 48 years. He left surviving the following dependants:-
2. The deceased, prior to his death, resided with his wife and children. While his income fluctuated, I am satisfied that at the time of his death, deceased contributed $800 to $900 to his wife for the maintenance and support of his family. If from the average of those sums a deduction is made for the portion of that average sum applied for the deceased, the net income left for the support of the wife and children was $750 per month. I am accordingly prepared to accept that the value of the dependency, at the date of death, was $750 per month. Deceased died 3 years and 2 months ago. I therefore assess the pre-trial loss as $750 x 12 = $9,000 x 3 2/12ths = $28,500. 3. Turning to the prospective loss, I find that prior to the accident deceased was in good health. He was in business on his own account as a rattan manufacturer. The work was not of a relatively heavy nature and most of the family in varying proportions contributed their labour to the business. Deceased, but for the accident, could probably have expected to have worked for at least another 15 years. In selecting a multiplier I first take into account that damages have already been allowed for the period up to the date of this assessment. I consider a multiplier of 7 to be appropriate. In considering a multiplicand I recognise that, as the years passed, his family's dependency on the deceased would have decreased. On the other hand, the indications are that the children would have continued at school until they had attained a relatively high level of education. At his father's death Cheung Chi-wo was in Form 5 and it had been intended that he would go on to at least Form 6. His younger brother Cheung Yuk-ping is still at school having reached Form 7. This has been achieved, even though the family income has been substantially reduced and the family qualifies for Social Welfare Department assistance. I am also satisfied that in the 3 year period since his death, wages and the cost of living have increased. When I take into account all the relevant factors before me, I consider that in calculating a multiplicand I am not justified, as Counsel for the Third Defendant submitted, in discounting the gross average of $850 by one-third. I have retained $750 as the correct multiplicand. This produces a prospective loss of $750 x 12 = $9,000 x 7 = $63,000. 4. The total loss is therefore $91,500 made up as follows:-
5. No submissions were addressed to me on apportionment. After consideration, I apportion the damages as follows:-
6. Funeral expenses have been agreed at $1,850. There will be interest at the rate of 4% on the pre-trial loss of $28,500 from the date of death, namely the 19th day of February, 1975 until today. There will be no interest payable on the sum awarded for prospective loss. There will be payment in within 14 days. The awards to Cheung Yuk-ping, Cheung Suet-fong and Cheung Mei-hing are to be invested by the Registrar in the usual manner with liberty to apply. There will be payment out of the remaining damages to the Plaintiffs entitled thereto. The Plaintiffs will have the costs of this assessment and there will be a certificate for Counsel. In respect of the apportionment there will be liberty to apply. Judgment for all sums payable under this assessment is against the First and Second Defendants. The Third Defendant was joined to these proceedings, by consent, to be heard only on the question of quantum but with no admission of liability. 7. Dated this 13th day of April, 1978.
Representation: Mr. Bunting instructed by Rowdget W. Young & Co. for Plaintiff. Mr. Niamatullah instructed by Yu, Tsang & Loong for 1st and 2nd Defendants. Mr. R. Tang instructed by Gallant Y.T. Ho & Co. for 3rd Defendant. |