Yeung Chun Fai v. Ma Tak Hong and Another

HCA003123/1978

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

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Coram: Mr. Registrar Cruden in Chambers.

Date of Judgment: 12 April 1979

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DECISION

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1. Madam Law Kam Wa died on the 26th day of December, 1976 as a result of injuries received when she was struck down by a motor vehicle owned by the 1st defendant and driven by the 2nd defendant. The accident occurred when she was using a zebra-crossing at 9 Milestone to cross Castle Peak Road. The plaintiff has brought the present action on behalf of the dependants of the deceased under the Fatal Accidents Ordinance, Cap. 22 and for deceased's estate under the Law Amendment and Reform (Consolidation) Ordinance, Cap. 23.

2. The deceased was aged 64 at her death and in good health. She lived with her daughter Yeung Shun Fun but earned her own income by growing vegetables and rearing chickens and pigs on a modest scale on land adjoining her daughter's home. Her actual monthly income was not established in evidence but I am satisfied that from it she paid her daughter Yeung Shun Fun the sum of $300 per month. In addition she spent some time looking after the daughter's 4 young children. This assistance, it was alleged, enabled the daughter to do piece work at home from which she earned $350 per month. Since her mother's death she alleges she is no longer able to do this work and has lost this income.

3. The plaintiff claims that because of these arrangements the daughter Yeung Shun Fun and her 4 infant children were dependent on the deceased. I am not satisfied that the death of the deceased has materially affected the ability of the daughter to carry on the piece work. I am satisfied, however, that she did receive $300 per month from the deceased. The defendants submitted that this sum was in payment of the food and accommodation supplied by the daughter to the deceased and does not establish any dependency. It is true that some portion of that sum was applied by the daughter for food and other personal requisites for the deceased. There was evidence that these sums may have at times amounted to $200 per month. After considering the whole of the evidence I am of the view that the better apportionment of that sum is that approximately $150 per month represented reimbursement to the daughter of sums applied for items purchased for the use or benefit of her mother and $150 per month was money received by the daughter for her own benefit. This represents a dependency of $150 per month.

4. In all the circumstances I consider that a multiplier of 4 is appropriate. This produces general damages of $7,200 made up as follows: $150 x 12 x 4. There will be no apportionment of this sum. The $7,200 is payable to the daughter Yeung Shun Fun.

5. Of the special damages it was agreed that $50 was payable for deceased's clothing and this sum is allowed. Funeral expenses of $9,750 were claimed. A receipt from the Universal Funeral Parlour Co. Ltd. was produced for $5,100. In evidence the plaintiff stated that balance was made up of $1,500 to convey the body to Tsing Yi Island for burial, the cost of burial clothes and the cost of transport for relatives. The defendants contested the quantum of this claim and submitted that $4,000 to $4,500 was the maximum that should be allowed. I will allow $6,000.

6. It was agreed that $10,000 was the proper sum payable under the Law Amendment and Reform (Consolidation) Ordinance, Cap. 23. I am prepared to award this sum for the benefit of the estate of the deceased. This sum shall merge with the $7,200 awarded under the Fatal Accidents Ordinance. There will be interest at 8% on the general damages from the date of service of the writ until today.

7. There will be interest on the special damages at 4% from the 26th day of December 1976 until today. The total damages will be paid into Court within 14 days. On payment in there will be payment out. The plaintiff is entitled to costs in respect of the action and occasioned by this assessment. There will be liberty to apply.

8. Dated this 12th day of April, 1979.

Representation:

Mr. R. Yip of Edmund Cheung & Co. for Plaintiff.

Mr. M. Bunting instructed by Johnny T.K. Cheng & Co. for 1st and 2nd defendants.