Chan Yuk Chun v. Yeung Kwcng Ming

HCA002099/1975

N THE SUPREME COURT OF HONG KONG

HIGH COURT

ACTION NO. 2099 OF 1975

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Coram: Mr. Registrar Cameron in Chambers.

Date of Judgment: 2nd May 1977.

Mr. C.A. White of the Legal Aid Department for Plaintiff.

Mr. J. Ip of Messrs. John Ip & Co., Solicitors for the Defendant.

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DECISION

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1. This is an assessment of the Plaintiff's damages under the Fatal Accidents Ordinance Cap. 22 and the Law Amendment and Reform (Consolidation) Ordinance Cap. 23 arising as a result of the death of CHAN YIU in a road traffic accident which occurred on 9th February, 1973. On that date at about 12.00 hours the deceased was walking in a southerly direction across Castle Peak Road near its intersection with Yu Chow Street when the Defendant driving a motor cycle bearing the registration and prefix number AW3140 in an easterly direction along Castle Peak Road collided with the deceased. The deceased thereby received injuries which resulted in his death on the same day.

2. The Plaintiff is the daughter of the deceased and the Administratrix of the estate of the deceased, Letters of Administration having been granted to her on 5th June, 1975.

3. Interlocutory judgment was entered by consent on 10th February 1977 for the Plaintiff against the Defendant for one half of the damages to be assessed.

4. Dependency was claimed on behalf of POON NGAN now aged 68 years, widow of the deceased.

A. DAMAGES UNDER THE FATAL ACCIDENTS ORDINANCE CAP. 22

5. The deceased CHAN YIU was aged 66 at the date of his death. Prior to his death he was employed as a Painter on a casual basis earning $55 per day. Although the evidence was somewhat vague it would appear that the deceased during the period of a year would work on average 20 days a month. Poon Ngan the widow of the deceased stated that she received on average $300 per month from her husband. The deceased when working took only his evening meal at home. He bought his own clothing and also attended to payment of rent, electricity and water charges. I consider that it would not be unreasonable to assess the dependency at $200 per month.

6. In deciding that the multiplier should be 8, I have taken into account inter alia the age of the deceased, and his future prospects had he lived. I have also had due regard to the expectation of life of his widow, the defendant and to uncertainties.

7. I would therefore award General Damages of $19,200 ($200 x 12 x 8). To this sum is to be added $3,676 being Special Damages agreed in respect of Funeral and Burial Expenses.

8. The total award for General and Special Damages is therefore $22,876.

B. DAMAGES UNDER THE LAW AMENDMENT AND REFORM (CONSOLIDATION) ORDINANCE CAP.23

9. I assess damages under this head in the sum of $10,000 which will merge with damages under the Fatal Accidents Ordinance.

10. As judgment was entered for one-half of the damages to be assessed there will be judgment for $9,600 in respect of General Damages and $1,838 in respect of Special Damages. There will be interest on the General Damages of $9,600 at the rate of 8% per annum from 24th September 1975 to today and interest at 4% per annum on the Special Damages of $1,838 from 9th February 1973 also to today.

11. The damages and interest are to be paid to the Director of Legal Aid within 14 days.

12. The Plaintiff is entitled to the costs of this assessment and the action.

13. Dated this 13th day of May, 1977.

Representation:

Mr. C.A. White of the Legal Aid Department for Plaintiff.

Mr. J. Ip of Messrs. John Ip & Co., Solicitors for the Defendant.