Wong Siu Hung and Another v. Tang Wai Hung and Another

HCA002747/1978

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

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Coram: Mr. Registrar Cruden in Chambers.

Date of Judgment:13th December, 1978.

Miss J. Leung instructed by Helen A. Lo & Co. for Plaintiffs.

Mr. B. de Souza instructed by Peter Mark & Co. for 1st and 2nd Defendants.

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DECISION

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1. Cheng Kuen died on the 28th day of August 1977 as a result of a road traffic accident. The plaintiffs have brought the present action on behalf of the dependants of the deceased under the Fatal Accidents Ordinance, Cap. 22 and for the deceased's estate under the Law Amendment and Reform (Consolidation) Ordinance, Cap. 23. Under the latter Ordinance I award $10,000 damages.

2. Deceased was aged 55 years at the date of death. For some years he had been employed at sea as a Chief Cook. He regularly remitted monies to his wife in Hong Kong for her benefit and for the benefit of the two children of the marriage. These payments were invariably processed through bank accounts, copies of which were produced. The parties agreed, and I accept, that the family's monthly dependency on the deceased was $1,600.

3. The deceased, prior to the accident, had been in good health. He was regularly employed at sea as a cook. The plaintiffs produced his seaman's Discharge Book No. 27121 issued by the Hong Kong Government. This showed that since 1948 until his death the master of the various ships on which he had been employed had certified, on each discharge, that his conduct and ability had been either excellent or very good. While at the time of the accident he was at home waiting to join a new ship I am satisfied that he would in the future have had no difficulty in obtaining regular employment as a Chief Cook. It was undisputed that he could have expected to have worked for a further 10 years in that capacity. Taking all the circumstances and the authorities cited to me into account I consider that the appropriate multiplier is 7. This produces general damages of $134,400 made up as follows, $1,600 x 12 x 7.

4. The plaintiffs claimed special damages of $4,297.60. The defendants admitted $3,474.60. The disputed balance of $823 related to travelling expenses in respect of deceased's funeral. No receipts for this sum were produced. I consider that the sum claimed is not established. On the evidence before me I am prepared to allow $125.40 for travelling expenses which increases the special damages awarded to $3,600.00.

5. In respect of the general damages the $10,000 awarded under the Law Amendment and Reform (Consolidation) Ordinance will merge with the $134,400 awarded under the Fatal Accidents Ordinance. There damages shall be apportioned as follows:-

6. There will be interest at the rate of 4% on the special damages of $3,600 from the 28th day of August 1977 until today. The total damages are to be paid into Court within 14 days. The awards to deceased's daughters Cheng Yuen Bing and Cheng Chi Tat 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 plaintiff's are also entitled to their costs in respect of the action and of and occasioned by this assessment. There will be a certificate for counsel. In respect of the apportionment there will be liberty to apply.

7. Date this 13th day of December, 1978.

Representation:

Miss J. Leung instructed by Helen A. Lo & Co. for Plaintiffs.

Mr. B. de Souza instructed by Peter Mark & Co. for 1st and 2nd Defendants.