Chan Cho Nui v. Law Yuen Fook and Another

HCA002052/1972

IN THE SUPREME COURT OF HONG KONG

ORIGINAL JURISDICTION

NO. 2052 of 1972

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Coram: Mr. Registrar Jones in Chambers.

Date of Judgment: 13th February, 1973.

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DECISION

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1. This is an assessment of the plaintiff's damages under the Fatal Accidents Ordinance and the Law Amendment and Reform (Consolidation) Ordinance for the death of her son who was killed in a road traffic accident that occurred on the 24th June 1971. Interlocutory judgment in default of defence for damages to be assessed was entered on the 6th December 1972.

2. The plaintiff who is now aged 69 gave evidence that her son was aged 45 and was in good health at the time of his death. She said he was her sole source of support which I accept.

3. Apart from the plaintiff a dependency was claimed on behalf of the deceased's brother Wong Kai who lives in China. The plaintiff said that for six months before her son's death remittances of $200 - $300 per month were made to China for the benefit of the brother because he had been suffering from ill health. However no medical evidence as to the brother's health was produced nor was there any documentary proof to show that payments were made. Further even if evidence had been produced to show that payments were made the plaintiff did not establish that they would be permanent. On the evidence I find that the brother was not a dependant so that the claim on his behalf fails.

4. The deceased at his death was employed as a herbalist earning between $30 - $60 per day and worked 6 1/2 days a week. He lived with the plaintiff to whom he gave at the time of his death $500 per month. Out of this sum the deceased was provided with two meals a day and sometimes three.

5. Although the deceased was not married I am satisfied that even if his status changed in this respect he would have continued to support the plaintiff.

6. Although no documents were produced to substantiate the claim for funeral expenses I consider that the sum of $3,000 is a reasonable figure. This sum was not paid by the plaintiff but she said that she would repay it if she was able to do so.

7. Taking into account an allowance for the meals of the deceased and a discount for a lump sum payment I assess the plaintiff's dependency at the sum of $300 per month. Although the plaintiff is advanced in years she appears to be in good health and having regard to the vicissitudes of life I shall adopt a multiplier of 6. Accordingly damages under the Fatal Accidents Ordinance will amount to $21,600 i.e. $300 x 12 x 6. I shall award the conventional figure of $8,000 under the Law Amendment and Reform (Consolidation) Ordinance which sum will merge with the damages assessed under the Fatal Accidents Ordinance. The funeral expenses will be added to the damages awarded under the Fatal Accidents Ordinance so that the total assessment is $24,600. There will be interest on this sum at the rate of 8% from the date of service of the writ which was the 15th August 1972. The plaintiff is entitled to costs with a certificate for counsel. There will be the usual taxation in accordance with the Legal Aid (Scale of Fees) Regulations Cap. 91.

8. Dated this the 13th day of February, 1973.

Representation: