Liu Loi Kiu and Another v. Mak Wai Tong and Others

HCA001905/1975

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

-----------------

-----------------

Coram: Mr. Registrar Stapp in Chambers.

Date of Judgment: 12th November 1976.

Mr. M. Asome instructed by Messrs. Fairbairn, Kwok & Wang for the Plaintiffs.

1st Defendant absent.

-----------------

DECISION

-----------------

1. This is an assessment of damages under the Fatal Accidents Ordinance and the Law Amendment and Reform (Consolidation) Ordinance, arising as a result of the death of the 1st plaintiff's husband Chan Choi in a road traffic accident which occurred on the 8th August, 1972. On that date the deceased was a passenger in a motor vehicle registration No. AB1476 which was driven by the first defendant, and which collided with two other vehicles, causing injuries resulted in the death of the deceased on 12th August, 1972. The plaintiffs have withdrawn their claims against the 2nd, 3rd and 4th defendants herein.

2. Interlocutory judgment was entered against the 1st defendant on 8th April, 1976 for damages to be assessed.

3. Dependency was claimed by or on behalf of the following relatives of the deceased.

4. Special damages were claimed as follows:

5. The 1st plaintiff gave evidence that the deceased was aged 37 and was working as a fruit wholesaler at the time of death, details of his income were not known to her. Each month she used to receive an average of $1,500.00 per month from him, which figure I accept as the sole source of family income. The children are all still at school. As a rule, the deceased used to have only his evening meals at home. I would estimate his proportion of those expenses as an adult at $200 per month. This would leave a dependency figure for the remainder of the family of $1,300 per month.

6. Mr. Asome referred to the fact that the deceased's occupation was not a particularly demanding one, and that he might well have continued working until rather late in life, as he enjoyed good health prior to his death.

7. Mr. Asome mentioned a somewhat similar fatal accident assessment, Kwok Siu-york v. Lee Hon and anr. O.J.A. No. 123 of 1970, referred to in H.K.L.J. Vol. 4, p.209, concerning a deceased self-employed mechanic of the same age as the present deceased, also leaving a large family with six children still at school. A multiplier of 14 was adopted in that case.

8. I assess damages under the Law Amendment and Reform (Consolidation) Ordinance in the usual sum of $8,000, which will merge with damages under the Fatal Accidents Ordinance.

9. Having regard to the above facts, the assessment of a lump sum, the nature of the deceased's occupation, together with the ordinary vicissitudes of life, I am of the opinion that a multiplier of 14 is appropriate.

10. I therefore assess general damages at $218,400.00 ($1,300 x 12 x 14).

11. This sum is apportioned as follows:

12. I allow special damages in the sum of $1,950.

13. The above sum apportioned to the 1st plaintiff of general damages together with the sum of special damages is to be paid to her direct. The balance of general damages is to be paid into Court.

14. Interest is awarded on the special damages of $1,950 at the rate of 4% per annum from 8th August, 1972 until 8th April, 1976, and on the general damages of $218,400.00 at 8% per annum from the date of service of the writ, i.e. 5th September, 1975 until 8th April, 1976.

15. The plaintiffs are awarded costs including a certificate for counsel on this assessment.

16. Dated this the 12th day of November, 1976.

Representation:

Mr. M. Asome instructed by Messrs. Fairbairn, Kwok & Wang for the Plaintiffs.

1st Defendant absent.