Au Siu Hing v. Yu Kam Yu and Another
Read the full judgment text of HCA 1200/1976 on BabelCite. This High Court CFI judgment.
1. The plaintiff herein is the administratrix of the estate of her deceased son, Lee Kwai Wing, and this is her application for damages to be assessed under the Fatal Accidents Ordinance and the Law Amendment & Reform (Consolidation) Ordinance arising out of the death of her said son.
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HCA001200/1976
IN THE SUPREME COURT OF HONG KONG HIGH COURT -----------------
----------------- Coram: Mr. Registrar Stapp in Chambers. Date of Judgment: 11th November 1976. Mr. A. Liu of Bernard Wong & Co. for the plaintiff. Both defendants absent. ----------------- DECISION ----------------- 1. The plaintiff herein is the administratrix of the estate of her deceased son, Lee Kwai Wing, and this is her application for damages to be assessed under the Fatal Accidents Ordinance and the Law Amendment & Reform (Consolidation) Ordinance arising out of the death of her said son. 2. The deceased was a passenger in a motor vehicle registration No. BE8972, which was owned by the 1st defendant and driven by the 2nd defendant near Plover Cove on 30th August, 1974 when it went out of control and crashed resulting in his death on the same day. 3. Interlocutory judgment was entered against the 2nd defendant on 26th July 1976 and against the 1st defendant on 8th September, 1976 for damages to be assessed and costs to be taxed. 4. Damages are claimed in respect of the following:
5. The plaintiff also claims the following items of special damage: 6. Funeral expenses ...................................... $1,100 7. Damaged clothing ..................................... $50 8. The deceased died at the age of twenty and was engaged as a time-marker in a discotheque, earning $900 per month. 9. Prior to his death, the deceased was paying $500 per month to his mother, covering his own share of rent, food and general household expenses, and the balance for the benefit of his mother and brother. He was not eating many meals at home and I would therefore apportion his share of expenses at $100 per month, leaving a dependency value of $400 per month, for the plaintiff and brother. 10. The plaintiff works as a clothes-mender at Kwong Wah Hospital in Yau Ma Tei, and earns an average of $650 per month. She expects to have to retire in about 8 years time from her present job, although she should be able to earn some income for many years thereafter in that type of work. 11. The brother of the deceased suffers from mental illness for which he is being treated at the Jockey Club Clinic in Yau Ma Tei. His illness prevents him from working regularly as an odd-job worker. He earns $10 per day when he does work, and in all receives only about $360 per year. 12. The daughter of the deceased is illegitimate and was born posthumously. The mother of the child left the baby with the plaintiff shortly after birth, and the plaintiff's sister has actually been caring for her. The plaintiff testified that she has been paying $300 per month to her sister, but agreed that this was somewhat on the high side for such service. I consider that a monthly sum of $250 is adequate. 13. As a result of the new obligation to his daughter, I am of the view that the deceased, if he had lived, would have been unable to pay as much as previously to the plaintiff each month, and conservatively estimate that the dependency value per month for her and the brother would have then been reduced from $400 to about $300 per month. Although this sum may have been further reduced in the future in the event of further obligations, some substantial monthly payment to the mother and handicapped brother might well have continued for many years. 14. I would therefore estimate an overall monthly dependency value of $550, as from the birth of the daughter. 15. I assess damages under the Law Amendment and Reform (Consolidation) Ordinance in the usual figure of $8,000, which will merge with the damages under the Fatal Accidents Ordinance. 16. Having regard to the assessment of a lump sum, the nature of the deceased's occupation, the possibility of his marrying eventually and the ordinary vicissitudes of life, I am of the opinion that a multiplier of eight is appropriate in the case of the plaintiff and the deceased's brother. 17. I therefore assess general damages for them at $28,800 ($300 x 12 x 8). 18. This sum is to be apportioned as follows: 19. Deceased's mother ........................... $14,800 20. Deceased's brother ........................... $14,000 21. I am of the view that a higher multiplier of twelve should apply to the baby daughter. 22. General damages for the daughter are therefore assessed at $36,000 ($250 x 12 x 12). 23. I allow special damages as claimed amounting to $1,150. 24. The above sum apportioned to the plaintiff together with the sum for special damages is to be paid to her direct. 25. Because of his apparent mental illness, the sum apportioned to the brother is to be paid into Court. The sum apportioned to the daughter is also to be paid into Court. 26. Interest is awarded to the plaintiff on the special damages of $1,150 at the rate of 4% per annum from the date of accident on 30th August, 1974 until judgment on 8th September, 1976, and at 8% per annum on the general damages totalling $64,800 from the date of service of the writ on 28th June, 1976, until judgment on 8th September, 1976. 27. Dated this the 11th day of November, 1976.
Representation: Mr. A. Liu of Bernard Wong & Co. for the plaintiff. Both defendants absent. |