Lam Sau Kiu and Another v. Ng Chong Yim

HCA001653/1972

IN THE SUPREME COURT OF HONG KONG

ORIGINAL JURISDICTION

ACTION NO. 1653 OF 1972

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Coram: Mr. Registrar Jones in Chambers.

Date of Judgment: 28th June, 1973.

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DECISION

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1. The deceased who was aged 28 at the date of his death died on the 4th August 1969 as a result of injuries that he received in a road traffic accident that occurred the previous day. The deceased was unconscious from the time of the accident until he died. On the date of the accident the deceased was riding a motor cycle which was involved in a collision with a motor car driven by the defendant.

2. No appearance was entered by the defendant to the writ of summons and judgment was entered in default of appearance on the 11th May 1973 with damages to be assessed. Lam Sau Kiu the deceased's widow and her co-administrator claim damages under the Fatal Accidents Ordinance and the Law Amendment and Reform (Consolidation) Ordinance. Apart from the deceased's widow damages are claimed on behalf of the two children of the family, a boy now aged 7 and a girl now aged 5. The deceased was employed as a driver at the date of his death and earned $650 per month and his widow believes that he may have received some tips and commission in addition but she was unable to provide any specific details. On pay day the deceased gave his monthly wage packet to his wife, who then gave back to him $100 for his own monthly expenses. Taking into account an allowance for his own living expenses at home I will adopt a figure for dependency in the sum of $450 per month. The deceased was in good health at the date of his death and I see no reason to disagree with the multiplier suggested by Mr. Tong of 15 years purchase. Accordingly damages under the Fatal Accidents Ordinance will be calculated as follows: $450 x 12 x 15 = $81,000. As the damages will be paid in a lump sum I shall discount the figure awarded by 20% which will therefore leave a sum of $64,800.00. Damages under the Law Amendment and Reform (Consolidation) Ordinance will be awarded at the conventional sum of $8,000 which will, however, merge with the damages of $64,800 awarded under the Fatal Accidents Ordinance.

3. Receipts were produced for the funeral expenses in the sum of $1,792 and a sum of $150 has been claimed for the damage to the deceased's clothing. I consider that both these amounts are reasonable and they will therefore be allowed. A sum of $1,500 has been claimed for the motor cycle which I am told was a total write off. The figure of $1,500 was the amount the deceased originally paid for the motor cycle which the widow believes was purchased in 1967 or 1968. Taking into account a sum for depreciation I will allow the sum of $1,000 for this loss. Accordingly the special damages are assessed at the sum of $2,942.

4. On the principles enunciated in Jefford v. Gee (C.A.) 1970 2 Q.B.D. at page 146 I shall award the plaintiff interest on the special damages of $2,942 at the rate of 4% from the date of the accident 3rd August 1969 until to-day and at 8% on the general damages of $64,800 from the date of service of the writ which was the 12th April 1973.

5. Damages awarded under the Fatal Accidents Ordinance will be apportioned as follows:-

6. The sums awarded to the two children are to be paid into Court and to be invested by the Registrar in his absolute discretion as he thinks fit with power to make payments out of income and capital from time to time for their education, maintenance and benefit.

7. The total damages assessed amount to $67,742.00.

8. The plaintiff is entitled to the costs of this application.

9. Dated the 28th day of June, 1973.

Representation: